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Lynah v. Citizens & Southern Bank

71 S.E. 469, 136 Ga. 344, 1911 Ga. LEXIS 533
CourtSupreme Court of Georgia
DecidedMay 12, 1911
StatusPublished
Cited by13 cases

This text of 71 S.E. 469 (Lynah v. Citizens & Southern Bank) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lynah v. Citizens & Southern Bank, 71 S.E. 469, 136 Ga. 344, 1911 Ga. LEXIS 533 (Ga. 1911).

Opinion

Eish, C. J.

1. An unpaid subscription to the capital stock of a corporation, after a call has been made, being a chose in action, is assignable in writing. Civil Code (1910), § 3652. Chattanooga R. Co. v. Warthen, 98 Ga. 599 (25 S. E. 988); 1 Cook on Corporations, § 111.

2. Where writings relied on as the basis of a cause of action are set forth in substance, it is not a good ground of special demurrer to the petition that copies of the writings are not set' forth in it nor attached thereto as exhibits. Social Benevolent Society v. Holmes, 127 Ga. 586 (3), 589 (56 S. E. 775), and cases cited.

3. There was' no error in allowing the- petition amended by attaching a • copy of the transfer of .the, stock subscription, upon which the suit was founded.

4. The petition set forth a cause of action, and was not subject to general demurrer. Judgment affirmed.

All lha Justices concur. George 0. Heyward Jr. and Sheppard & Hewlett, for plaintiff in error. Adams & Adams and Gann, Barrow & McIntyre, contra.

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Bluebook (online)
71 S.E. 469, 136 Ga. 344, 1911 Ga. LEXIS 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynah-v-citizens-southern-bank-ga-1911.