Supreme Court of Georgia, 1942

Bible v. Somers Construction Co.

Bible v. Somers Construction Co.
Supreme Court of Georgia · Decided October 14, 1942 · Grice
194 Ga. 724

Bible v. Somers Construction Co.

Opinion of the Court

Grice, Justice.

The evidence, with all reasonable deductions or inferences therefrom, did not demand a finding in the plaintiff’s favor. The record does not support its contention that the counter-claim arose after the filing of the suit, nor can Bible be denied the right to assert this counter-claim merely because he was a stockholder and treasurer of the plaintiff. 19 C. J. S. §§ 798, 810. The record presents no case of other creditors of the corporation con*727testing with him as to priority of liens; and the mere fact that the corporation may be insolvent affords no reason why a verdict should be denied on his counter-claim. The uncontradicted evidence in this record supported his claim. If 'it spoke the truth, the plaintiff was not entitled to a verdict, and it was erroneous so to direct in its favor.

Judgment reversed.

All the Justices concur, except Hewlett, J., not participating.

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