Legal Opinion

Planters Warehouse Co. v. Hardin

Court of Appeals of Georgia

Decided June 25, 1923No. 14086PublishedCited by 2 opinions

1Opinion of the CourtBeix, J.

1. “ A mere -warehouseman with whom cotton is stored to be held for the owner, and who makes advances and retains the cotton as security for the debt, can not, in the absence of a contract otherwise providing, sell the cotton until after the maturity of the debt, and then only at public sale to the highest bidder, after giving notice for thirty days to such owner of the intention to sell. If there be a special contract, then the parties will be governed by its terms.” Whigham v. Fountain, 132 Ga. 277 (1) (63 S. E. 1115).

2. “ If a warehouseman be also a factor and commission merchant — that…

2Cases cited4 opinions

  1. Whigham v. FountainSupreme Court of Georgia · 1909
  2. Campbell v. Redwine Bros.Court of Appeals of Georgia · 1918
  3. Gordon & Co. v. CobbCourt of Appeals of Georgia · 1908
  4. Wood & Brother v. Jones & SonCourt of Appeals of Georgia · 1912

3Cited by2 opinions

  1. Bennett v. Tucker & PenningtonCourt of Appeals of Georgia · 1924
  2. McMekin v. Planters Warehouse Co.Court of Appeals of Georgia · 1924

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