Smith v. Turner
Supreme Court of Georgia
Trover. Before Judge James B. Park. "Wilkes superior court. January 24; 1913. ■
1Opinion of the CourtLumpkin, J.
1. A ¡plea of discharge in bankruptcy does not furnish % defense to a statutory action of trover brought by a vendor against the bankrupt to recover personal property sold by the former to the latter, with retention of title until payment, possession of which is retained by the purchaser after his discharge in bankruptcy. Myrick v. Liquid Carbonic Co., 137 Ga. 154 (73 S. E. 7, 38 L. R. A. (N. S.) 554).
2. This is true although the plaintiff may at the trial exercise his statutory privilege of electing to take a money verdict.
3. In view of the statement in the bill of exceptions, in excepting…
2Cases cited10 opinions
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Bradley v. BurkettSupreme Court of Georgia · 1889
- Hodges v. CummingsSupreme Court of Georgia · 1902
- Ross v. McDuffie & ArmstrongSupreme Court of Georgia · 1893
- Bell v. G. Ober & Sons Co.Supreme Court of Georgia · 1895
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3Cited by4 opinions
- Mason v. SaultSupreme Court of Vermont · 1919
- Levy v. American Wholesale Corp.Court of Appeals of Georgia · 1924
- Worsham v. PennCourt of Appeals of Georgia · 1924
- Morrow v. YoungCourt of Appeals of Georgia · 1920