Kersey v. Grant

Court of Appeals of Georgia

Kersey v. Grant

170 S.E. 503, 47 Ga. App. 408, 1933 Ga. App. LEXIS 418

CourtCourt of Appeals of Georgia

DecidedSeptember 2, 1933

Docket21908

StatusPublished

Cited by2 cases

This text of 170 S.E. 503 (Kersey v. Grant) 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

Kersey v. Grant, 170 S.E. 503, 47 Ga. App. 408, 1933 Ga. App. LEXIS 418 (Ga. Ct. App. 1933).

Pincite

Opinion

Sutton, J.

This was a suit on a promissory note, brought by named persons as The Governing Board of Trustees of the Georgia School of Technology. The defendants demurred to the petition, on the ground that it was brought in the name of the plaintiffs as The Governing Board of Trustees of the Georgia School of Technology, whereas the note was made payable to the Georgia School of Technology, which was a corporation capable of suing and being sued, and, there being- no transfer or assignment of the note from the Georgia School of Technology, no person or persons other than the Georgia School of Technology would be authorized to maintain an action thereon. The court overruled the demurrer, and the defendants excepted. Held:

“1. Prior to the passage of the State government reorganization act of August 28, 1931, the ‘Georgia School of Technology,’ which had been established under that name as a branch of the University of Georgia by the act of October 13, 1885, and amendatory acts, was a corporation capable of suing and being sued in that name.

“2. A suit based upon a written obligation made payable to the ‘Georgia School of Technology’ can not be maintained in the name of ‘The Governing Board of Trustees of the Georgia School of Technology,’ in the absence of written assignment or indorsement of such obligation, to such Governing Board of Trustees.” Kersey v. Grant, 177 Ga. 501 (170 S. E. — ). Applying these rulings, the court below erred in overruling the demurrer to the petition.

Judgment reversed.

Jenkins, P. J., cmd Stephens, J., coneivr.'

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

Sutton, J.

This was a suit on a promissory note, brought by named persons as The Governing Board of Trustees of the Georgia School of Technology. The defendants demurred to the petition, on the ground that it was brought in the name of the plaintiffs as The Governing Board of Trustees of the Georgia School of Technology, whereas the note was made payable to the Georgia School of Technology, which was a corporation capable of suing and being sued, and, there being- no transfer or assignment of the note from the Georgia School of Technology, no person or persons other than the Georgia School of Technology would be authorized to maintain an action thereon. The court overruled the demurrer, and the defendants excepted. Held:

“1. Prior to the passage of the State government reorganization act of August 28, 1931, the ‘Georgia School of Technology,’ which had been established under that name as a branch of the University of Georgia by the act of October 13, 1885, and amendatory acts, was a corporation capable of suing and being sued in that name.

“2. A suit based upon a written obligation made payable to the ‘Georgia School of Technology’ can not be maintained in the name of ‘The Governing Board of Trustees of the Georgia School of Technology,’ in the absence of written assignment or indorsement of such obligation, to such Governing Board of Trustees.” Kersey v. Grant, 177 Ga. 501 (170 S. E. — ). Applying these rulings, the court below erred in overruling the demurrer to the petition.

Judgment reversed.

Jenkins, P. J., cmd Stephens, J., coneivr.'

Cite This Page — Counsel Stack

Bluebook (online)

170 S.E. 503, 47 Ga. App. 408, 1933 Ga. App. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kersey-v-grant-gactapp-1933.

Opinion

Related

Cite This Page — Counsel Stack