Legal Opinion

Smith v. Callaway

Court of Appeals of Georgia

Decided February 14, 1923No. 13299Published

1Opinion of the CourtStephens, J.

1. Where a seller makes a shipment consigned to himself under an order-notify bill of lading with draft attached for the purchase-money, to be paid by the purchaser before delivery of the property shipped,.the title to the property remains in the seller until paid for by the purchaser, even though the point of destination as indicated in the bill of lading 'is a point other than that stipulated in the contract under which the property was purchased, and it was contemplated by the parties that the shipment would in transit be transported to the point of destination stipulated in the contract…

2Cases cited3 opinions

  1. Erwin v. HarrisSupreme Court of Georgia · 1891
  2. Southern Railway Co. v. StrozierCourt of Appeals of Georgia · 1911
  3. Penniman v. . WinderSupreme Court of North Carolina · 1920

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