Wells v. DuBose
Cases that cite this one
2 later published cases cite this decision.
- Hall Hardware Co. v. Ladson Brick & Tile Co. (Ga. 1925)
- Mobley v. Sasser (Ga. Ct. App. 1928)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. “The liability of persons who organize a corporation and transact business in its name, before the minimum capital stock has been subscribed for, is to creditors, and is not an asset of the corporation; and under the ruling in the ease of John V. Farwell Co. v. Jackson Stores, 137 Ga. 174 (73 S. E. 13), the receiver of the corporation could not maintain a suit against persons falling within the provisions of § 2220 of . the Civil Code, to collect from them, as an asset of the corporation, an amount necessary to pay the outstanding debts of the corporation.” Rigbers v. Hathcock, 138 Ga. 120 (74 S. E. 834).
2. Applying the ruling above announced to the facts of this case, the court erred in not sustaining the general demurrer to the petition.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.