Farmers Warehouse & Fertilizer Co. v. Macon Fertilizer Works
Cases that cite this one
2 later published cases cite this decision.
- Macon Fertilizer Works v. Farmers Warehouse & Fertilizer Co. (Ga. 1923)
- Athens Apartment Corp. v. Hill (Ga. 1923)
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
“Persons who organize a company and transact business in its name, before the minimum capital stock has been subscribed for, are liable to creditors to make good the minimum capital stock with interest.” Civil Code (1910), § 2220. But if at the time credit is extended the creditor knows the fact that the requisite amount of capital stock has not been subscribed, he cannot be said to have been misled, and relatively to him the subscriber to the stock would not be estopped from pleading such knowledge as a defense to a suit based on the above section of the Civil Code. Lowe v. Byrd, 148 Ga. 388, 390 (96 S. E. 1001).
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.