Saulsbury, Respess & Co. v. Eason
Supreme Court of Georgia
Factor’s lien. Before Judge Clark. Schley Superior Court. October Term, 1872. Saulsbury, Respess & Company foreclosed against S. E. Eason, Jacob M. Gay and Robert Burton, three separate factors’ and merchants’ liens, varying in amount and date, but all in the same terms as the following: “$233 60. Macon, Ga., March 31st, 1871. “Seven months after date please pay to the order of E. D. Eason two hundred and thirty-three dollars and sixty cents, for value received, as an…
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Factor’s lien. Before Judge Clark. Schley Superior Court. October Term, 1872. Saulsbury, Respess & Company foreclosed against S. E. Eason, Jacob M. Gay and Robert Burton, three separate factors’ and merchants’ liens, varying in amount and date, but all in the same terms as the following: “$233 60. Macon, Ga., March 31st, 1871. “Seven months after date please pay to the order of E. D. Eason two hundred and thirty-three dollars and sixty cents, for value received, as an advance on my crop to be raised the present year, (including your commissions for the same,) for the purchase of provisions to…
1Opinion of the Court
McCay, Judge.
The Act of 1866 (pamphlet 1866, 141,) gives this lien “to factors and merchants for provisions and commercial manures furnished.” What right has a Court to say that this law extends also to money advanced to purchase provisions and commercial manures ? Had the Legislature so intended, it would have so said. These liens are of a very summary character— *620hard on the man who gives them and very partial to a particular class of creditors. We are not disposed to extend them beyond their letter. This note upon its face is for money, and it does not appear that the consideration was…
2Cited by1 opinion
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