Grafton v. Nunnally

Court of Appeals of Georgia

Grafton v. Nunnally

87 S.E. 693, 17 Ga. App. 470, 1916 Ga. App. LEXIS 701

CourtCourt of Appeals of Georgia

DecidedJanuary 11, 1916

Docket6485

StatusPublished

Cited by1 cases

This text of 87 S.E. 693 (Grafton v. Nunnally) 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

Grafton v. Nunnally, 87 S.E. 693, 17 Ga. App. 470, 1916 Ga. App. LEXIS 701 (Ga. Ct. App. 1916).

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Opinion

Broyles, J.

The petition as amended, setting up a mere parol promise by the defendant, who was a stockholder of a corporation, to answer for the debts of the corporation, as an inducement to the sale of all of the stock in the corporation (the defendant’s stock as well as that of the other shareholders), failed to show a cause of action, and was properly dismissed upon demurrer. Under the facts as disclosed by the record, the plaintiff’s cause of action, if he has one, can be asserted only in equity, and the city court of Floyd county has no jurisdiction of such a case. • Judgment affirmed.

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Broyles, J.

The petition as amended, setting up a mere parol promise by the defendant, who was a stockholder of a corporation, to answer for the debts of the corporation, as an inducement to the sale of all of the stock in the corporation (the defendant’s stock as well as that of the other shareholders), failed to show a cause of action, and was properly dismissed upon demurrer. Under the facts as disclosed by the record, the plaintiff’s cause of action, if he has one, can be asserted only in equity, and the city court of Floyd county has no jurisdiction of such a case. • Judgment affirmed.

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Bluebook (online)

87 S.E. 693, 17 Ga. App. 470, 1916 Ga. App. LEXIS 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grafton-v-nunnally-gactapp-1916.

Opinion

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