Legal Opinion

Moultrie Grocery Co. v. Holmes-Hartsfield Co.

Court of Appeals of Georgia

Decided July 12, 1918No. 9446PublishedCited by 4 opinions

Garnishment; from Colquitt superior court—Judge Thomas. November 24,1917.

1Opinion of the CourtJenkins, J.

1. Where a sale of merchandise in bulk is made without compliance with the provisions of the act approved August 17, 1903 (Civil Code of 1910, §§ 3226 et seq.), the purchaser is liable in garnishment to a creditor of the vendor, although the purchaser may have disposed of the goods prior to the service on him of the process of garnishment. Jaques & Tinsley Co. v. Carstarphen Co., 131 Ga. 1 (62 S. E. 82). The fact that the debtor was a partnership, and that prior to the illegal sale to the garnishee one of the partners had sold out his interest to the other, would not defeat the -rights of the…

2Cases cited3 opinions

  1. Sumner v. SumnerSupreme Court of Georgia · 1904
  2. Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
  3. Reid v. CaldwellSupreme Court of Georgia · 1904

3Cited by4 opinions

  1. Hartwig v. RushingOregon Supreme Court · 1919
  2. C. M. Miller Co. v. LuncefordCourt of Appeals of Georgia · 1936
  3. National Cash Register Co. v. StubbsCourt of Appeals of Georgia · 1923
  4. Southern Optical Service, Inc. v. ChominskiCourt of Appeals of Georgia · 1960

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