James v. McMillan
Court of Appeals of Georgia
Certiorari, from Emanuel superior court — Judge BawlingsApril 25, 1907. C. A. Howell purchased certain machinery from Avery & McMillan and gave four no tés for the purchase-money.
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Certiorari, from Emanuel superior court — Judge BawlingsApril 25, 1907. C. A. Howell purchased certain machinery from Avery & McMillan and gave four no tés for the purchase-money. In these notes Avery & McMillan reserved the title to the property in question until the purchase-price should be fully paid; and the notes with the reservation of title were recorded in Johnson county in 1900, and in Emanuel county on June 9, 1901. On June 1, C. A. Howell was adjudged a bankrupt; and on June 7, a sale of the property of the bankrupt, including the machinery he purchased from Avery & McMillan (which…
1Opinion of the CourtBussell, J.
(After stating the foregoing facts.)
After a careful consideration of the record, we are of the opinion that the controlling questions in this case are: (1) whether the defendants in error had the option to pursue either of two remedies in the collection of their debt; (2) whether they exercised their option; and (3) if, having exercised their option, they are estopped from now selecting the other of the two remedies. It can not be questioned that the reservation of title in the note given by Howell to Avery & McMillan would have amply protected all of their rights had they declined to prove…
2Cases cited4 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Taylor v. McLaughlinSupreme Court of Georgia · 1904
- In re MuhlhauserCourt of Appeals for the Sixth Circuit · 1903
- Anderson & Conley v. LeveretteSupreme Court of Georgia · 1902
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