Savannah Cotton-Press Ass'n v. MacIntyre
Supreme Court of Georgia
Complaint in trover. Before Judge MacDonell. City-court of Savannah. November term, 1892. On June 22, 1891, MacIntyre, a cotton factor and commission merchant, made a cash sale to Green of thirteen bales of cotton, under the rules of the Savannah Cotton Exchange, of which both the buyer and seller were members.
Read the full summary
Complaint in trover. Before Judge MacDonell. City-court of Savannah. November term, 1892. On June 22, 1891, MacIntyre, a cotton factor and commission merchant, made a cash sale to Green of thirteen bales of cotton, under the rules of the Savannah Cotton Exchange, of which both the buyer and seller were members. The cotton was delivered, and, according to the usual course of dealing between cotton merchants in Savannah, demand for payment was made on the following day, but payment was not made. Green had in the meantime delivered the cotton to the defendant, whose business was that of…
1Opinion of the Court
Lumpkin, Justice.
1-2. The questions controlling this case are ruled -in the head-notes. The charge of our gifted and clearheaded young brother of the city court of Savannah so *168fully and accurately states the law applicable, we adopt it as the opinion of this court. It is as follows :
“Under the law of Georgia, when a planter or commission merchant sells cotton on cash sale, the title to the cotton remains in the seller until the same shall be fully paid for, although it may have been delivered into the possession of the buyer. This ownership maybe asserted either against the purchaser or any…
2Cases cited1 opinion
- Flanders & Huguenin v. MaynardSupreme Court of Georgia · 1877
3Cited by11 opinions
- Flannery v. HarleySupreme Court of Georgia · 1903
- Charleston & Western Carolina Railway Co. v. Pope & FlemingSupreme Court of Georgia · 1905
- Capital Automobile Co. v. WardCourt of Appeals of Georgia · 1936
- Garmon v. StateSupreme Court of Georgia · 1964
- National Bank v. Augusta Cotton & Compress Co.Supreme Court of Georgia · 1898
6 more not listed; retrieve them via the Exa API.