Covington v. Rosenbusch
Supreme Court of Georgia
The Court of Appeals certified (in Case No. 9629) the following questions, the answers to which will be found in the headnotes: “J". 0. Covington, an employee of the Western & Atlantic Bail-road, signed the following paper: ‘$62.00. Atlanta, Ga., Nov. 25, 1915. ‘For and in consideration of $56.00 dollars this day paid to me, the receipt whereof is hereby acknowledged, I hereby [sell], transfer and assign to Atlanta Finance Co. $62.00 dollars of my salary earned for the month…
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The Court of Appeals certified (in Case No. 9629) the following questions, the answers to which will be found in the headnotes: “J". 0. Covington, an employee of the Western & Atlantic Bail-road, signed the following paper: ‘$62.00. Atlanta, Ga., Nov. 25, 1915. ‘For and in consideration of $56.00 dollars this day paid to me, the receipt whereof is hereby acknowledged, I hereby [sell], transfer and assign to Atlanta Finance Co. $62.00 dollars of my salary earned for the month of Nov. 1915, while in the employ of Western & Atlantic B. B., who is hereby authorized to pay the said amount to…
1Opinion of the CourtGilbert, J.
1. Where an employee, in good faith and for a valuable consideration, sells, transfers, and assigns his title and right to possession of a stipulated amount of salary due him by his employer, and thereafter collects the money thus transferred, he can not, as against a suit for the recovery of the money, avail himself of a discharge in bankruptcy as a defense. The instrument of transfer is an assignment of title. Central of Ga. Ry. Co. v. King, 137 Ga. 369 (73 S. E. 632). One who thus disposes of property without the authority of its owner, under the ruling in McIntyre v. Kavanaugh, 242 U. S.…
2Cases cited4 opinions
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Blocker v. BoswellSupreme Court of Georgia · 1899
- Central of Georgia Railway Co. v. King Bros. & Co.Supreme Court of Georgia · 1912
- Glasco v. CooperCourt of Appeals of Georgia · 1916
3Cited by26 opinions
- In Re James S. Nance, Bankrupt. Appeal of Coolidge Bank and Trust CompanyCourt of Appeals for the First Circuit · 1977
- Mason v. SaultSupreme Court of Vermont · 1919
- Citizens Bank v. MullisSupreme Court of Georgia · 1925
- In re StengerDistrict Court, E.D. Michigan · 1922
- Hubbard v. Bibb Brokerage Co.Court of Appeals of Georgia · 1931
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