Mallary Bros. & Co. v. Moon
Supreme Court of Georgia
Bail-trover. Before Judge Littlejohn. Sumter superior court. February 16, 1907. 'On August 22, 1899, Mallary Brothers & Company sold an engine and boiler to George Moon for $625.50, and he. executed to them his notes for this sum, with a stipulation that the title to the property should remain in the vendors until full payment of the purchase-money. He subsequently paid $335 of the purchase-money.
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Bail-trover. Before Judge Littlejohn. Sumter superior court. February 16, 1907. 'On August 22, 1899, Mallary Brothers & Company sold an engine and boiler to George Moon for $625.50, and he. executed to them his notes for this sum, with a stipulation that the title to the property should remain in the vendors until full payment of the purchase-money. He subsequently paid $335 of the purchase-money. After the maturity of the notes, on December 5, 1900, the vendors brought bail-trover to recover the property. Moon failing to give a replevy bond, the property was seized by the sheriff; and it was…
1Opinion of the CourtEvans, P. J.
In suits to recover personal property, the plaintiff may elect, at his option, one of three verdicts: (1) an alternative verdict for the property or its value, (2) a verdict for damages alone, or (3)-a verdict for the property alone, and its hire* if any. This election may be made upon the trial of the ease; and it is the duty of the court to instruct the jury, in the event they find for the plaintiff, to render the verdict which he has elected. Civil Code, §5335. The main question involved in the present ease is whether this right of election in the plaintiff to take a particular verdict is…
2Cases cited8 opinions
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Marshall v. LivingstonSupreme Court of Georgia · 1886
- Lauchheimer & Sons v. JacobsSupreme Court of Georgia · 1906
- Campbell v. StateSupreme Court of Georgia · 1905
- Georgia Southern & Florida Railway Co. v. Young Investment Co.Supreme Court of Georgia · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lumbermen's Underwriting Alliance v. JessupCourt of Appeals of Georgia · 1959
- Metro Chrysler-Plymouth, Inc. v. PearceCourt of Appeals of Georgia · 1970
- Smith v. Commercial Credit Co.Court of Appeals of Georgia · 1922
- Bank of Blakely v. CobbCourt of Appeals of Georgia · 1908
- Bray v. C. I. T. Corp.Court of Appeals of Georgia · 1935
21 more not listed; retrieve them via the Exa API.