15 S.E.2d 908 | Ga. Ct. App. | 1941
The overruling of the certiorari was not error for any reason assigned.
The evidence, while in some dispute, substantially supported the allegations of the petition. But it is contended in behalf of the lumber company that the signing of the bond by that company was an ultra vires act, and that since the bond was not made under seal the signing of the corporate name by the secretary and treasurer of the corporation was not binding on the corporation. The cases cited in support of the contention are where the corporation in question received no financial or other material benefit by the signing of the bond. A different rule applies where the corporation received such a benefit. In Bank ofGarfield v. Clark,
Judgment affirmed. MacIntyre and Gardner, JJ., concur.