16323 | Ga. Ct. App. | Feb 18, 1926
1. A corporation may transact business within its corporate powers in a name other than its legally authorized corporate name. Saunders System v. Drive It Yourself Co., 158 Ga. 1 (123 S.E. 132" court="Ga." date_filed="1924-03-13" href="https://app.midpage.ai/document/saunders-system-atlanta-co-v-drive-it-yourself-co-5584943?utm_source=webapp" opinion_id="5584943">123 S. E. 132) ; Home Machine & Foundry Co. v. Davis Foundry & Machine Works, 135 Ga. 18 (3) (68 S.E. 800" court="Ga." date_filed="1910-08-10" href="https://app.midpage.ai/document/rome-machine--foundry-co-v-davis-foundry--machine-works-5577399?utm_source=webapp" opinion_id="5577399">68 S. E. 800); McClain v. Georgian Co., 17 Ga. App. 648 (3) (87 S.E. 1090" court="Ga. Ct. App." date_filed="1916-02-17" href="https://app.midpage.ai/document/mcclain-v-georgian-co-5608361?utm_source=webapp" opinion_id="5608361">87 S. E. 1090); 14 C. J. 591.
2. The officers of a corporation who transact its business under an assumed or trade name are not liable to a person dealing with them as a corporation in ignorance of this fact for a debt contracted by them under the assumed name, upon the theory that they are partners, having assumed to act as a corporation before having complied with the statutory requirements prerequisite to their organization as a corporation legally
3. In a suit against named persons, which seeks to recover against them as partners upon a contract made by them with the plaintiff in behalf of a purported corporation styled Wight & Jones Company, where it appears from undisputed evidence that the plaintiff contracted with Wight & Jones Company as a corporation, that the name Wight & Jones Company was but an assumed or trade name of an existing corporation styled Wight-Jones Seed & Implement Company, and that the contract sued on was executed by the corporation acting in its assumed or trade name through the defendants as its legally authorized officers, a verdict for the defendants was properly directed.
4. No error appears.
Judgment affirmed.