Southern Railway Co. v. Strozier
Court of Appeals of Georgia
Trover; from city court of Savannah — Judge Davis Freeman. Strozier & Waters sued the Southern Railway Company in trover in the city court of Savannah to recover bed lounges shipped by the Johnson Manufacturing Company at Fayetteville, N. C., to its own order at Savannah, Ga., with direction to notify Strozier & Waters.
Read the full summary
Trover; from city court of Savannah — Judge Davis Freeman. Strozier & Waters sued the Southern Railway Company in trover in the city court of Savannah to recover bed lounges shipped by the Johnson Manufacturing Company at Fayetteville, N. C., to its own order at Savannah, Ga., with direction to notify Strozier & Waters. The facts are not in dispute, and, briefly stated, are as follows: Strozier & Waters gave an order for seven lounges, aggregating in price the sum of $47, to a salesman of the Johnson Manufacturing Company on February 17, 1910, the terms to be 60 days from March 1. On receipt…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) It is well settled that to support a recovery in an action of trover the plaintiff must show either title in himself, prior possession, or right of possession. Mitchell v. Georgia & Alabama Ry., 111 Ga. 760 (36 S. E. 971, 51 L. R. A. 622). In this case the plaintiffs rely upon title to the shipment in question. They contend that the payment of the deposit of $10 and the delivery of the goods to the carrier operated to fix this title in them; that the contract of sale was fully executed and was not in any sense executory; and that the railroad company held…
2Cases cited6 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Erwin v. HarrisSupreme Court of Georgia · 1891
- Moss & Co. v. SellCourt of Appeals of Georgia · 1911
- Atlantic & Birmingham Railway Co. v. SpiresCourt of Appeals of Georgia · 1907
- Sellers v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Groover v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1938
- Livingston v. Epsten-Roberts Co.Court of Appeals of Georgia · 1934
- Wasserman v. Franklin CountySupreme Court of Georgia · 2025
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Court of Appeals of Georgia · 1914
- McElroy v. Williams Bros. Motors, Inc.Court of Appeals of Georgia · 1961
13 more not listed; retrieve them via the Exa API.