McCall v. Hunter, Pearce & Battey
Court of Appeals of Georgia
Trover; from city court of Savannah — Judge Freeman. July 6,-1910. T. S. McCall brought trover against Hunter, Pearce & Battey for four bales of cotton which they had obtained from W. R. Purvis, to whom he had sold the cotton and who had failed to pay for it; the plaintiff contending that the sale was for cash, and that under the provisions of the code (Civil Code of 1895, § 3546), the title to the cotton had not passed from himself.
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Trover; from city court of Savannah — Judge Freeman. July 6,-1910. T. S. McCall brought trover against Hunter, Pearce & Battey for four bales of cotton which they had obtained from W. R. Purvis, to whom he had sold the cotton and who had failed to pay for it; the plaintiff contending that the sale was for cash, and that under the provisions of the code (Civil Code of 1895, § 3546), the title to the cotton had not passed from himself. He was nonsuited on the ground that he “had not sustained the burden of showing that the sale of the cotton in question was a cash sale.” He excepted to this…
1Opinion of the CourtRussell, J.
The only question in this case is whether the evidence in behalf of the plaintiff authorizes the inference that the cotton sold by' him was sold for cash, or whether the transaction was one involving the features of a sale upon credit. At first glance we were inclined to the opinion that the court below had ruled properly in awarding a nonsuit, because of the evidence in the record that the plaintiff had accepted a due bill for the amount of the purchaser’s indebtedness to him. However, upon a review of the testimony as a whole, and especially in view of the rulings in Flannery v. Harley, 117…
2Cases cited3 opinions
- Flannery v. HarleySupreme Court of Georgia · 1903
- Charleston & Western Carolina Railway Co. v. Pope & FlemingSupreme Court of Georgia · 1905
- National Bank v. Augusta Cotton & Compress Co.Supreme Court of Georgia · 1898
3Cited by9 opinions
- Troup v. StateSupreme Court of Georgia · 1952
- Atlantic Coast Line Railroad v. Gordon & Co.Court of Appeals of Georgia · 1912
- Butler, Stevens & Co. v. MoseleyCourt of Appeals of Georgia · 1914
- Cornell v. StateCourt of Appeals of Georgia · 1940
- Skinner v. HillisCourt of Appeals of Georgia · 1920
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