Citizens Trust Co. v. Butler
Court of Appeals of Georgia
(Certiorari was granted by the Supreme Court.) Trover; from Gity court of Savannah — Judge Freeman. October 30, 1919. The plaintiff corporation sought to recover in trover certain personal property to which it claimed title under a bill of sale purporting to have been executed to it by the Universal Light & Power Company, to secure a debt.
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(Certiorari was granted by the Supreme Court.) Trover; from Gity court of Savannah — Judge Freeman. October 30, 1919. The plaintiff corporation sought to recover in trover certain personal property to which it claimed title under a bill of sale purporting to have been executed to it by the Universal Light & Power Company, to secure a debt. This instrument was attested by two witnesses, one of whom was a notary public; it was dated March 24, 1919, 'and was recorded April 2, 1919. The notary public was secretary of the plaintiff corporation, and received a salary from it as such, but was not a…
1Opinion of the CourtStephens, J.
1. The attestation of a secretary of a corporation, in his capacity as a notary public, to a bill of sale in which the corporation is the vendee is not sufficient to admit the bill of sale to record. Barrow v. E. Tris Napier Co., 16 Ga. App. 309 (85 S. E. 267).
2. The bill of sale not having been properly admitted to record, and there being no proof otherwise of its execution, it was properly rejected when offered in evidence by the plaintiff in a suit in trover by the vendee to recover the property therein mentioned.
3. There being no evidence to establish the plaintiff’s title to the property…
2Cases cited1 opinion
- Barrow v. E. Tris Napier Co.Court of Appeals of Georgia · 1915
3Cited by3 opinions
- Citizens Trust Co. v. ButlerSupreme Court of Georgia · 1921
- FOURTH NATIONAL BANK &C. v. HowellCourt of Appeals of Georgia · 1955
- Citizens Trust Co. v. ButlerCourt of Appeals of Georgia · 1921