Pannell v. McGarity
Court of Appeals of Georgia
Mortgage foreclosure; from city court of Monroe — Judge Stone. January 29, 1921. John L. McGarity sold an automobile to T. D. Pannell, under a contract of sale dated October 27, 1819. The parts of the contract that are material so far as this case is concerned are as follows : “ On November 1st, I promise to pay John L. McGarity or bearer eleven hundred and fifteen dollars, with interest from date at eight per cent, per annum. . . This note is given as purchase-money for one…
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Mortgage foreclosure; from city court of Monroe — Judge Stone. January 29, 1921. John L. McGarity sold an automobile to T. D. Pannell, under a contract of sale dated October 27, 1819. The parts of the contract that are material so far as this case is concerned are as follows : “ On November 1st, I promise to pay John L. McGarity or bearer eleven hundred and fifteen dollars, with interest from date at eight per cent, per annum. . . This note is given as purchase-money for one five-passenger Maxwell touring car, . . and to secure the payment of same I hereby mortgage to said John L. McGarity…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) In our judgment the court did not err in dismissing the affidavit of il*74legality, as, under all the facts of the case, the trover proceedings did not constitute a rescission of the contract of sale for the automobile in question. The case of Glisson v. Heggie, 105 Ga. 30 (31 S. E. 118), and the other cases, cited and relied upon by counsel for the plaintiff in error, are quite different from this ease. While the Supreme Court made some rather broad and sweeping statements in the opinion in the Heggie ease, to. the effect that the bringing of an action in…
Also in this document: Concurrence.
2Cases cited1 opinion
- Glisson v. Heggie Bros.Supreme Court of Georgia · 1898
3Cited by11 opinions
- Securities Trust Co. v. MarshallCourt of Appeals of Georgia · 1923
- Smith v. Commercial Credit Co.Court of Appeals of Georgia · 1922
- Standard Motors Finance Co. v. O'NealCourt of Appeals of Georgia · 1926
- Cornett & Co. v. NewsomeCourt of Appeals of Georgia · 1921
- Dickerson v. Universal Credit Co.Court of Appeals of Georgia · 1933
6 more not listed; retrieve them via the Exa API.