Burress v. Montgomery

Court of Appeals of Georgia

Burress v. Montgomery

99 S.E. 143, 23 Ga. App. 590, 1919 Ga. App. LEXIS 231

CourtCourt of Appeals of Georgia

DecidedApril 17, 1919

Docket10228

StatusPublished

This text of 99 S.E. 143 (Burress v. Montgomery) 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

Burress v. Montgomery, 99 S.E. 143, 23 Ga. App. 590, 1919 Ga. App. LEXIS 231 (Ga. Ct. App. 1919).

Pincite

Opinion

Luke, J.

1. Where a contract provides that A, B, and C, individuals undertaking its performance, may be relieved *as such individuals when, upon the organization of a corporation, the contract shall have been transferred to the corporation and its obligations assumed by the corpo[591]*591ration, such transfer of the contract and a course of dealings by the opposite party with the corporation, and acceptance of payments and notes of the corporation for liabilities incurred, thereunder, relieve A, B, and C from their individual liability under the contract.

Decided April 17, 1919.

Complaint; from Fulton superior court—Judge Ellis. April 16, 1918.

Burress & Dillard, Horton Brothers, for plaintiffs. A. E. Wilson, Evins & Moore, for defendants.

(а) Under the evidence in this case the court was authorized to direct that the jury find that there was no individual liability upon the part of the defendants. . • -

(б) There was no evidence that the defendants had ever incurred as individuals any liability to the plaintiff's.

2. The court did not err in directing a verdict in favor of the defendants.

.Judgment affirmed:

Wade, C. V., and Jenhins, J., concur.

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Luke, J.

1. Where a contract provides that A, B, and C, individuals undertaking its performance, may be relieved *as such individuals when, upon the organization of a corporation, the contract shall have been transferred to the corporation and its obligations assumed by the corpo[591]*591ration, such transfer of the contract and a course of dealings by the opposite party with the corporation, and acceptance of payments and notes of the corporation for liabilities incurred, thereunder, relieve A, B, and C from their individual liability under the contract.

Decided April 17, 1919.

Complaint; from Fulton superior court—Judge Ellis. April 16, 1918.

Burress & Dillard, Horton Brothers, for plaintiffs. A. E. Wilson, Evins & Moore, for defendants.

(а) Under the evidence in this case the court was authorized to direct that the jury find that there was no individual liability upon the part of the defendants. . • -

(б) There was no evidence that the defendants had ever incurred as individuals any liability to the plaintiff's.

2. The court did not err in directing a verdict in favor of the defendants.

.Judgment affirmed:

Wade, C. V., and Jenhins, J., concur.

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Bluebook (online)

99 S.E. 143, 23 Ga. App. 590, 1919 Ga. App. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burress-v-montgomery-gactapp-1919.