33 Ponce de Leon Corp. v. Allen

Court of Appeals of Georgia

33 Ponce de Leon Corp. v. Allen

131 S.E.2d 130, 107 Ga. App. 782, 1963 Ga. App. LEXIS 982

CourtCourt of Appeals of Georgia

DecidedMay 14, 1963

Docket40134

StatusPublished

This text of 131 S.E.2d 130 (33 Ponce de Leon Corp. v. Allen) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

33 Ponce de Leon Corp. v. Allen, 131 S.E.2d 130, 107 Ga. App. 782, 1963 Ga. App. LEXIS 982 (Ga. Ct. App. 1963).

Pincite

Opinion

Eberhahdt, Judge.'

In a suit against a corporation by one who, while its president, made advances to third parties allegedly “for the sole benefit of the [corporation] . . . with [its] knowledge and consent, and [under] an express agreement by it” to repay the advances, the overruling of a general demurrer, unexcepted to, becomes the law of the case, McDougal v. Johnson, 104 Ga. App. 233 (1), 234 (121 SE2d 417) and citations, and the issue of whether the plaintiff, as president of the corporation, was authorized to make the advances on its behalf can not now be raised. The allegations of the petition were supported by the evidence. Consequently there is no merit in the motion for new trial on the general grounds only.

Judgment affirmed.

Felton, C. J., and Russell, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Eberhahdt, Judge.'

In a suit against a corporation by one who, while its president, made advances to third parties allegedly “for the sole benefit of the [corporation] . . . with [its] knowledge and consent, and [under] an express agreement by it” to repay the advances, the overruling of a general demurrer, unexcepted to, becomes the law of the case, McDougal v. Johnson, 104 Ga. App. 233 (1), 234 (121 SE2d 417) and citations, and the issue of whether the plaintiff, as president of the corporation, was authorized to make the advances on its behalf can not now be raised. The allegations of the petition were supported by the evidence. Consequently there is no merit in the motion for new trial on the general grounds only.

Judgment affirmed.

Felton, C. J., and Russell, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

131 S.E.2d 130, 107 Ga. App. 782, 1963 Ga. App. LEXIS 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/33-ponce-de-leon-corp-v-allen-gactapp-1963.

Opinion

Related

Cite This Page — Counsel Stack