Miller v. Wilson
Supreme Court of Georgia
Appeal. Before Judge Eish. Stewart superior court. April term, 1895. Miller & Miller, on June 23, 1894,' sued M. M. Wilson in the county court, for a black mare mule named Mollie. They obtained judgment, and defendant appealed to the superior court. In that court a nonsuit was granted, and plaintiffs excepted.
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Appeal. Before Judge Eish. Stewart superior court. April term, 1895. Miller & Miller, on June 23, 1894,' sued M. M. Wilson in the county court, for a black mare mule named Mollie. They obtained judgment, and defendant appealed to the superior court. In that court a nonsuit was granted, and plaintiffs excepted. B. S. Miller, one of plaintiffs, testified: They owned a plantation in Chattahoochee county about one and a half miles east of Cusseta, upon which in 1893 they employed W. D. Berry as their foreman or overseer. He lived there, and was their agent to run the farm. Witness had heard…
1Opinion of the Court
Simmons, Chief Justice.
This was an action of trover for a mule. The facts are set out by the reporter. Under these facts we think the court erred in granting a nonsuit. The defendant was not relieved from liability by the fact that in receiving the mule from Berry he acted as the agent of the guano company, and without notice of the plaintiff’s title, and under the belief that Berry owned the mule and had a right to sell it. Whoever meddles with another’s property, whether as principal or agent, does so at his peril, and it makes no difference that in doing so he acts in good faith, nor, in…
2Cases cited2 opinions
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- Rushin v. TharpeSupreme Court of Georgia · 1892
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