White v. Morris Fertilizer Co.
Court of Appeals of Georgia
Complaint; from Madison superior court—Judge W. L. Hodges. April 28, 1923. Application for certiorari was denied by the Supreme Court.
1Opinion of the CourtStephens, J.
1. Where goods are placed on consignment by the owner with his agent, to be sold by the agent to customers for the owner’s benefit at prices fixed in the contract of consignment, and the goods are “disposed of” by the agent and the “proceeds” of the goods are used by the agent in his business and lost, without the knowledge or consent of the owner, this does not constitute a wilful and malicious injury to the property, and the liability of the agent to the owner, arising therefrom, is not exempt from discharge in bankruptcy under exception 2 of § 17 a of the bankruptcy act of 1898 as amended.…
Also in this document: Concurrence.
2Cases cited4 opinions
- Ford v. Blackshear Manufacturing Co.Supreme Court of Georgia · 1913
- Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
- Walker Bros. v. Capital City Grocery Co.Court of Appeals of Georgia · 1922
- Lawton & Willingham v. FishSupreme Court of Georgia · 1874
3Cited by5 opinions
- Stephens v. MilikinCourt of Appeals of Georgia · 1926
- Shabaz v. HennCourt of Appeals of Georgia · 1934
- Swift & Co. v. Bullard & SonDistrict Court, N.D. Georgia · 1925
- Kalvar Corp. v. BurrowMissouri Court of Appeals · 1973
- Huff v. PorterCourt of Appeals of Georgia · 1953