CARGILL, INC. v. WILLIAM ARMSTRONG SMITH COMPANY

35621.

92 Ga. App. 22 (1955)

87 S.E.2d 650

CARGILL, INC. v. WILLIAM ARMSTRONG SMITH COMPANY.

Court of Appeals of Georgia.

Decided May 2, 1955.


Attorney(s) appearing for the Case

A. A. Baumstark, A. Mims Wilkinson, Jr., for plaintiff in error.

Paul B. Huckeby, Harold Sheats, contra.


NICHOLS, J.

The agreement of merger set forth in the petition shows that the defendant would receive all the assets of Dixie Printing Ink Company and would assume all of its liabilities and obligations. Under Sec. 19 of the act of 1938 (Ga. L. 1937-38, Ex. Sess., pp. 214, 232; Code, Ann. Supp., § 22-1844), when two corporations merge, "the separate existence of the constituent corporations shall cease and the merging...

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