· 5/29/1996
Pope v. Professional Funding Corp.
Citations
- 472 S.E.2d 116
- 221 Ga. App. 552
- 96 Fulton County D. Rep. 2293
- 1996 Ga. App. LEXIS 565
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- lender may not recover both outstanding balance on loan and loan proceeds allegedly converted by debtor
- president admitted he, another officer and shareholder transferred funds among their businesses without regard to corporate formalities
- “The election-of-remedies doctrine—‘the legal version of the idea that a plaintiff may not have his cake and eat it too’—works to prevent double recovery.” (citation omitted)
- “Although [the lender] could maintain its action both on breach of contract and conversion theories, it could not obtain a double recovery and was required to elect its remedy.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ruffin, McMurray, Johnson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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