Clark & Cole v. Dobbins
Supreme Court of Georgia
Warehousemen. Factors. Landlord and tenant. Lien. Before Judge Hall. Spalding Superior Court. February Term, 1874. This case was submitted to the presiding judge without the intervention of a jury. The facts were briefly as follows: In the year 1872, George W. Grant rented from Dobbins a farm near Griffin, for which he was to pay five bales of cotton, averaging five hundred pounds, rent.
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Warehousemen. Factors. Landlord and tenant. Lien. Before Judge Hall. Spalding Superior Court. February Term, 1874. This case was submitted to the presiding judge without the intervention of a jury. The facts were briefly as follows: In the year 1872, George W. Grant rented from Dobbins a farm near Griffin, for which he was to pay five bales of cotton, averaging five hundred pounds, rent. In the fall of that year Grant stored with Clark & Cole, warehousemen, in his own name, ten bales of cotton, which had been produced on the place rented from Dobbins. He'sold two bales which were accordingly…
1Opinion of the Court
Trippe, Judge.
When plaintiffs in error, as warehousemen and factors, received the cotton from Grant and made the advances on it, they had no notice of the claim of the landlord for rent, or of Brewer & Company, merchants, for fertilizers. The question is, did the two last creditors have a lien on the cotton which was superior to the right or claim of the factors. The court below held that they did, and the exception is to that decision.
Let it be noted that the claim of plaintiffs in error is not that of factors who have furnished provisions or fertilizers, but for advances made on cotton…
2Cited by4 opinions
- Bennett Lumber Co. v. MartinSupreme Court of Georgia · 1909
- Thornton v. CarverSupreme Court of Georgia · 1888
- Philpot v. RamseyCourt of Appeals of Georgia · 1933
- Morrow Transfer & Storage Co. v. WhitsonCourt of Appeals of Georgia · 1917