Fountain v. Fuller E. Callaway Co.
Supreme Court of Georgia
Trover. Before Judge Edwards. Douglas superior court. December 22, 1914. Fuller E. Callaway Company brought an action of trover against R. L. Fountain Jr., to recover certain personal property consisting of various articles of dry goods. The plaintiff based its right to recover upon the ground that the goods had been procured from it by fraud on the part of the defendant.
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Trover. Before Judge Edwards. Douglas superior court. December 22, 1914. Fuller E. Callaway Company brought an action of trover against R. L. Fountain Jr., to recover certain personal property consisting of various articles of dry goods. The plaintiff based its right to recover upon the ground that the goods had been procured from it by fraud on the part of the defendant. The fraud, it was contended, consisted in the making by the defendant of certain fraudulent and false representations as to his ownership of described property, upon which representations the goods were sold and shipped by…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1-3. The rulings made in headnotes one to three require no elaboration.
4. Exception is taken, in one of the grounds of the motion for a new trial, to the following charge of the court: “If a man buys property from another and soon afterwards sells that property for less than he paid for it, that is evidence of a fraudulent intention not to pay for it at the time he purchased it.” This charge is excepted to upon the ground that it was an expression of opinion on the facts of the case. We think the exception is well taken. And in the case at bar it happens to…
2Cited by13 opinions
- Cotton States Fertilizer Co. v. ChildsSupreme Court of Georgia · 1934
- Cocroft v. CocroftSupreme Court of Georgia · 1924
- Laney v. BarrCourt of Appeals of Georgia · 1939
- City of Atlanta v. FeeneyCourt of Appeals of Georgia · 1930
- Mayo v. OwenSupreme Court of Georgia · 1951
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