Gold Bond Stamp Co. v. Ballard
Gold Bond Stamp Co. v. Ballard
Opinion of the Court
In an action filed against Gold Bond Stamp Company, a corporation, the trial court did not err in dismissing defensive pleadings filed by Gold Bond Stamp Company of Georgia and awarding judgment for the plaintiff against Gold Bond Stamp Company. Accord Parramore v. Alexander, 132 Ga. 642, 645, 647 (64 SE 660); McGowans v. Speed Oil Co., 94 Ga. App. 35 (93 SE2d 597); Ritchie Gas of Cornelia v. Ferguson, 111 Ga. App. 187 (140 SE2d 925).
The record shows that there exist two distinct corporations, Gold Bond Stamp Company and Gold Bond Stamp Company of Georgia, and the return of the sheriff shows service on Gold Bond Stamp Company, a corporation. Cases relied on by the appellant, involving issues of necessary parties to an action, or holding when the suit misstated the name of the corporate defendant that the misnomer was cured by amend
Since the facts shown in the deposition of the plaintiff are not inconsistent with the facts shown by other parts of the record with respect to the identity of the defendant, the trial court’s failure to consider this deposition in ruling on the plaintiff’s motion to dismiss the defensive pleadings filed by Gold Bond Stamp Company of Georgia and award judgment for the plaintiff was not harmful to the appellant.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.