Arnold v. Booth
Court of Appeals of Georgia
Trover; from Barrow superior court—Judge Cobb. February 28, 1919. Eosa L. Booth, as executrix of John N. Booth, brought trover against Gt.
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Trover; from Barrow superior court—Judge Cobb. February 28, 1919. Eosa L. Booth, as executrix of John N. Booth, brought trover against Gt. N. Arnold for property described in her petition as “a certain dark iron-gray horse mule, about 5 years old, weighing about 900 pounds, of the value of $250,” and “one bay horse about 10 years old, weighing about 1000 pounds, named ‘Tom Bell,’ of the value of $150.” On the trial the plaintiff elected to take a money verdict, and such a verdict was rendered. The defendant made a motion for a new trial, which was overruled, and he excepted. On the trial it…
1Opinion of the CourtLuke, J.
1. The seller of porsonal property on a credit may take a note for the purchase-price and retain, as security for the debt, .a legal title to the property so sold, and in the same instrument, to better secure the debt, title to other personal property may be passed by the purchaser, and, where the note is not paid when due, the seller may recover the property in trover. When the vendor elects to take a money verdict the purchaser of course is entitled to credit for such sums of money as may have been paid upon the note. See Scott v. Glover, 7 Ga. App. 182 (66 S. E. 380).
2. The instrument…
2Cases cited6 opinions
- A. S. Thomas Furniture Co. v. T. & C. Furniture Co.Supreme Court of Georgia · 1904
- Dowdy v. Watson & LewisSupreme Court of Georgia · 1902
- Reynolds v. JonesCourt of Appeals of Georgia · 1909
- Scott v. Glover & Co.Court of Appeals of Georgia · 1909
- Emerson v. KnightSupreme Court of Georgia · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brooks v. FoldsCourt of Appeals of Georgia · 1925
- Siano v. SpindelCourt of Appeals of Georgia · 1975