American Bitumuls & Asphalt Company v. Homer Leggett Construction Co.
American Bitumuls & Asphalt Company v. Homer Leggett Construction Co.
Opinion of the Court
H & L Construction Company, Inc. was chartered on April 15, 1957. By amendment the name of the corporation was changed to Homer Leggett Construction Company, Inc., before which time Homer Leggett acquired all of the stock of the corporation. Where the name of a corporation has been legally changed it is suable in the new corporate name, although the alleged cause of action may have arisen before the change. Porter v. State Grand Lodge No. 1, 146 Ga. 13 (1) (90 SE 281). The appellee contended on the trial that he intended to reorganize the original corporation but the evidence shows that this was not done. The changes made in the amendment authorized by the resolution of the sole stockholder were (1) the change of name as aforesaid, (2) the change of the
The court erred in overruling the motion for a new trial on the special ground.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.