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88 Ga. App. 128

76 S.E.2d 132

Harris v. Ackerman

Court of Appeals of Georgia

Decided May 2, 1953

Court of Appeals of Georgia · decided 1953-05-02

Relies on 82 Ga. App. 321 - Atlanta Journal Co. v. Doyal · 79 Ga. App. 795 - Equitable Credit & Discount Co. v. Murray · 45 Ga. App. 754 - Carter v. Spiegel, May Stern Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1953-05-02

How this case has been cited

Cited by 14 later decisions — most recently July 1982

14 state decisions

701953196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Worrill, J.

¶1 1. The general rule is that allegations in a petition must yield to contradictory facts shown in exhibits attached thereto. Equitable Credit &c. Co. v. Murray, 79 Ga. App. 795 (2) (54 S. E. 2d 650); Atlanta Journal Co. v. Doyal, 82 Ga. App. 321, 325 (60 S. E. 2d 802).

¶2 2. The name “Ackerman Construction Co.” imports a corporation, nothing to the contrary appearing (Carter v. Spiegel, May Stern Co., 45 Ga. App. 754, 166 S. E. 34);. and a check which is signed “Ackerman Construction Co. by Oliver P. Ackerman” is prima facie an obligation of Ackerman Construction Company and not the individual obligation of Oliver P. Ackerman.

¶3 3. Where the petition in this case named Oliver P. Ackerman as defendant and alleged merely that the defendant did execute and deliver the check which was attached to the petition as an exhibit, and that said check was duly presented and payment refused, but where the exhibit showed that .the check sued on was executed in the name and style indicated in the second headnote above, the petition was subject to general demurrer, and the trial court did not err in sustaining the general demurrer and in dismissing the petition. See Leach v. Blow, 16 Miss. 221; Lawton v. Swihart, 10 Ind. 562; Atkins v. Brown, 59 Me. 90; 11 C. J. S., Bills & Notes, 35, § 650.

¶4 Judgment affirmed.

Sutton, C. J., and Felton, J., concur.
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