Malsby & Avery v. Young
Supreme Court of Georgia
Trover. Before Judge Kimsey. Habersham superior court. September term, 1896. Defendants purchased of plaintiffs a steam-engine and sawmill for $1,200, for which four notes of $300 each were given, under the terms of a written order therefor.
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Trover. Before Judge Kimsey. Habersham superior court. September term, 1896. Defendants purchased of plaintiffs a steam-engine and sawmill for $1,200, for which four notes of $300 each were given, under the terms of a written order therefor. The order states, that defendants agree to receive the machinery subject to the conditions of the .warranty herein contained, and to pay the notes with interest thereon, which are to be secured by personal or real estate security, and to be accompanied by a chattel mortgage or deed of trust on the machinery. The title to the machinery does not pass from…
1Opinion of the CourtLittle, J.
An original and a cross-bill of exceptions were argued here together, and each will be disposed of in this opinion. A verdict and judgment were rendered in the court below against Malsby & Avery, a motion for a new trial made by them was overruled, and to a judgment refusing to grant a new trial that firm sued out a writ of error to this court. On the hearing of the motion in the court below, the following facts *209appeared: The case was tried at the September term, 1896, of Habersham superior, court, and a verdict rendered, which Malsby & Avery moved to set aside and asked that a new trial be…
2Cases cited4 opinions
- Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
- Hightower v. GeorgeSupreme Court of Georgia · 1897
- Beall v. RustSupreme Court of Georgia · 1882
- Wynne v. StevensSupreme Court of Georgia · 1897
3Cited by42 opinions
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Chalkley v. WardCourt of Appeals of Georgia · 1969
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914
- Brooks Bros. Lumber Co. v. Case Threshing Machine Co.Supreme Court of Georgia · 1911
- Elgin Jewelry Co. v. Estes & DozierSupreme Court of Georgia · 1905
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