106 Ga. 422 | Ga. | 1899
The demurrer presented the proper objection to the plaintiff’s petition. The court sustained the demurrer on the ground that the plaintiff failed to allege that the bank had itself made a demand upon Eady & Mayfield to purchase the stock. The right conclusion was reached, though the reason given for the same by the judge was not a good one, as not infrequently happens. Lee v. Porter, 63 Ga. 346. When the assets of the bank went into the hands of the receiver, he had the same right to make a demand upon Eady & Mayfield as the bank had previously enjoyed. The judgment rendered was, however, demanded, and will not be set aside merely because it was founded upon the wrong reason.
Judgment affirmed.