Legal Opinion
American National Bank & Trust Company v. Davis
Court of Appeals of Georgia
Decided September 26, 1961No. 39039, 39040PublishedCited by 5 opinions
1Opinion of the Court
Eberhakdt, Judge.
1. While a bill of sale to secure debt will support an action in trover (Owens v. Bridges, 13 Ga. App. 419, 79 SE 225; Conner v. Farmers & Merchants Bank, 25 Ga. App. 388, 103 SE 474; Piedmont Agricultural Credit Corp. v. Northeastern Banking Co., 51 Ga. App. 571, 181 SE 84; Stanfield v. Crawley, 74 Ga. App. 79, 80, 39 SE2d 88), it is necessary to allege in the petition a default by the maker giving the holder the right of possession, and in the absence of such an allegation the petition is subject to general demurrer and the overruling thereof was error. General Motors…
2Cases cited9 opinions
- Millender v. LooperCourt of Appeals of Georgia · 1950
- State Highway Department of Georgia v. REED, MAYORSupreme Court of Georgia · 1954
- Owens v. BridgesCourt of Appeals of Georgia · 1913
- Poole v. McEntireSupreme Court of Georgia · 1953
- Georgia, Ashburn, Sylvester & Camilla Ry. Co. v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1949
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3Cited by5 opinions
- Ference v. LacyCourt of Appeals of Georgia · 1966
- Purser v. Charles S. Martin Distributing Co.Court of Appeals of Georgia · 1964
- American National Bank & Trust Company v. DavisCourt of Appeals of Georgia · 1961
- Capitol Enterprises, Inc. v. MooreCourt of Appeals of Georgia · 1963
- Henderson v. Liberty Loan Corp.Court of Appeals of Georgia · 1962