152 Ga. 529 | Ga. | 1922
The Friedman Company brought a petition against J. Ii. Taylor and others, seeking a money judgment against the defendants, and certain - equitable relief. The suit was based upon a judgment obtained in the Supreme Court of New York County, New York. Under an agreement by counsel for both parties the case was submitted to the court without the intervention of a jury. A judgment was réndered in favor of the plaintiff. The defendants moved for a new trial, which was refused, and they excepted.
Service of the suit in New York was effected upon J. H. Taylor, as president of the Union Manufacturing Company, the corporation which was the defendant in that suit. Taylor thereupon employed a New York attorney at law, who made a general appearance by filing an answer to the suit, and also claimed a set-off in favor of the defendant, the Union Manufacturing Company, against the plaintiff. Following this employment and appearance, the judgment in question was rendered by the New York court. There were only three stockholders of the Union Manufacturing Company, the Georgia corporation, these three being J. H. Taylor, who owned a majority of the stock, and W. C. England and Ira England, who had a joint interest in the remainder of the stock. Taylor was president and manager of the company, and was the chief executive officer. When Taylor, after service as recited above, returned from New York he conferred with W. G. England, who was secretary and treasurer of the company.
Judgment reversed.