Cottrell & Sons v. Merchants & Mechanics Bank
Supreme Court of Georgia
Lieu. Title. Conditional sale. Bailment. Mortgage. Record. Notice. Before Judge Martin. Muscogee superior court. May term, 1891. Complaint by Cottrell & Sons against the bank, to recover a printing-press. The verdict was for the defendant, and the plaintiffs’ motion for a new trial was overruled.
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Lieu. Title. Conditional sale. Bailment. Mortgage. Record. Notice. Before Judge Martin. Muscogee superior court. May term, 1891. Complaint by Cottrell & Sons against the bank, to recover a printing-press. The verdict was for the defendant, and the plaintiffs’ motion for a new trial was overruled. It appears that the press was delivered to the Enquirer-Sun Publishing Co. by the plaintiffs under a written contract dated January 18,1888, executed by that company, one Sullivan signing as a witness at execution and delivery, for the plaintiffs. This contract was not recorded. On May 8, 1888, the…
1Opinion of the Court
Simmons, Justice.
1. The vital point of the controversy was, which of1 the parties was entitled to priority. The plaintiffs in their contract of sale reserved title to the press until the-purchase money should be fully paid, and the defendant bank was a subsequent moi'tgagee thereof without notice, as the jury found, of the reservation of title. The plaintiffs’ contract, being attested by one unofficial witness, was capable of being probated so as to prepare it for record, but was not recorded as required by the statute; the defendant’s mortgage was likewise not recorded within thirty days as…
2Cases cited8 opinions
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Nichols v. HamptonSupreme Court of Georgia · 1872
- Steen & Marshall v. HarrisSupreme Court of Georgia · 1888
- Morton v. Frick Co.Supreme Court of Georgia · 1891
- New England Mortgage Security Co. v. Ober & Son Co.Supreme Court of Georgia · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
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- Rhode Island Locomotive Works v. Empire Lumber Co.Supreme Court of Georgia · 1893
- Hill v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1901
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