Park v. Cordray

Court of Appeals of Georgia

Park v. Cordray

92 S.E. 394, 20 Ga. App. 35, 1917 Ga. App. LEXIS 697

CourtCourt of Appeals of Georgia

DecidedMay 3, 1917

Docket7812

StatusPublished

Cited by6 cases

This text of 92 S.E. 394 (Park v. Cordray) 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

Park v. Cordray, 92 S.E. 394, 20 Ga. App. 35, 1917 Ga. App. LEXIS 697 (Ga. Ct. App. 1917).

Pincite

Opinion

Bloodworth, J.

1. The president of a bank is its chief executive officer, and, in the absence of any showing to the contrary, will be presumed to be the agent in charge of its affairs. In the absence of any evidence to the contrary it may very properly be assumed as a matter of law that it is the duty of the president of a chartered bank to take charge of and manage its business. He is in legal contemplation its alter ego. Third National Bank v. McCullough, 108 Ga. 249, 250 (33 S. E. 848).

[36]*36Decided May 3, 1917.

Complaint; from city court of Blakely—Judge Sheffield. August 35, 1916.

Glessner & Collins, for plaintiff. L. M. Bambo, for defendants.

2. Where one who was sued on a note signed by him as “security” filed a plea in which he admitted a prima facie case, assumed the burden of proof, and further pleaded that he was relieved from liability on the note by reason of the fact that the time of payment was extended, for a definite and named period and for a valuable consideration paid by the maker of the note to the payee and holder thereof, and that this was done without his knowledge or consent, and supported the plea by evidence, and the plaintiff introduced no evidence, the judge did not err in directing a verdict for the defendant. Bethune v. Dozier, 10 Ga. 235; Stewart v. Parker, 55 Ga. 656, 659; Randolph v. Fleming, 59 Ga. 777 (2); Tanner v. Gude, 100 Ga. 157, 159 (27 S. E. 938); McIntyre v. Massey, 11 Ga. App. 458 (2), 461 (75 S. E. 814).

Judgment affirmed.

Broyles, P. J., and Jenkins, J., concur.

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Bloodworth, J.

1. The president of a bank is its chief executive officer, and, in the absence of any showing to the contrary, will be presumed to be the agent in charge of its affairs. In the absence of any evidence to the contrary it may very properly be assumed as a matter of law that it is the duty of the president of a chartered bank to take charge of and manage its business. He is in legal contemplation its alter ego. Third National Bank v. McCullough, 108 Ga. 249, 250 (33 S. E. 848).

[36]*36Decided May 3, 1917.

Complaint; from city court of Blakely—Judge Sheffield. August 35, 1916.

Glessner & Collins, for plaintiff. L. M. Bambo, for defendants.

2. Where one who was sued on a note signed by him as “security” filed a plea in which he admitted a prima facie case, assumed the burden of proof, and further pleaded that he was relieved from liability on the note by reason of the fact that the time of payment was extended, for a definite and named period and for a valuable consideration paid by the maker of the note to the payee and holder thereof, and that this was done without his knowledge or consent, and supported the plea by evidence, and the plaintiff introduced no evidence, the judge did not err in directing a verdict for the defendant. Bethune v. Dozier, 10 Ga. 235; Stewart v. Parker, 55 Ga. 656, 659; Randolph v. Fleming, 59 Ga. 777 (2); Tanner v. Gude, 100 Ga. 157, 159 (27 S. E. 938); McIntyre v. Massey, 11 Ga. App. 458 (2), 461 (75 S. E. 814).

Judgment affirmed.

Broyles, P. J., and Jenkins, J., concur.

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Bluebook (online)

92 S.E. 394, 20 Ga. App. 35, 1917 Ga. App. LEXIS 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-v-cordray-gactapp-1917.

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