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Lawskills.com Georgia Caselaw
WESTERN AMERICAN LIFE INSURANCE COMPANY v. HICKS et al.
50390.
PANNELL, Presiding Judge.
Action on note. Fulton Superior Court. Before Judge McKenzie.
App. 504 (2) (79 SE 480); Blakely Artesian Ice Co. v. Clarke, 13 Ga. App. 574 (5), (79 SE 526)), although being the alter ego of the corporation he may be presumed to have power to act for it in matters within the scope of its ordinary business. Baker v. Lowe Electric Co., 47 Ga. App. 259 (5) (170 SE 337); Farmers &c. Bank v. Stovall Invest. Co., 50 Ga. App. 277 (177 SE 882); Steedley v. Steedley, 54 Ga. App. 312, 313 (187 SE 719).
2. Accordingly, where, as in the present case, upon what purports to be a letterhead of a nonresident insurance company, there is written a guaranty of payment of a note in the amount of $250,000 owed by a Georgia corporation, which guaranty is signed in the name of the nonresident insurance company by a person as vice president thereof, with no corporate seal attached, importing corporate authority (Solomon's Lodge v. Montmollin, 58 Ga. 547; New York Life Ins. v. Rhodes, 4 Ga. App. 25 (4, 5) (60 SE 828); Bank of Garfield v. Clark, 138 Ga. 798 (1) (76 SE 95)), proof alone of the execution of such contract by such vice president does not demand a finding he acted with authority so as to bind the nonresident insurance company, even should we assume he had the authority of a president thereof.
4. There was no other evidence in the present case showing the authority of the vice president to execute such a contract, nor any evidence showing that the execution of such contract was within the general business of the non-resident corporation. Under the rulings above we must hold that the trial court erred in granting summary judgment in favor of the holder of the note against the insurance company on its guaranty.
Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Matthew H. Patton, Dennis S. Meir, Joseph Lefkoff, Claude E. Hambrick, Richard E. Thomasson, for appellees.
Fierer & Devine, Foy R. Devine, Thomas J. Hughes, for appellant.
ARGUED MARCH 11, 1975 -- DECIDED MAY 19, 1975 -- REHEARING DENIED JUNE 13, 1975 -- CERT. APPLIED FOR.
Saturday November 22 08:12 CST


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