Gould v. Bank of Statesboro
Supreme Court of Georgia
Certiorari. Before Judge Gamble. Bulloch superior court. November term, 1897. A promissory note of Catherine Gould to James Gould, for the purchase-money of a mule, was transferred by J ames Gould to Blitch, by delivery only, and in like manner by Blitch to the Bank of Statesboro, which subsequently brought in a justice’s court, against Catherine Gould, a suit by attachment for purchase-money, based upon the note, tlie attachment being levied upon the mule, which was then in…
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Certiorari. Before Judge Gamble. Bulloch superior court. November term, 1897. A promissory note of Catherine Gould to James Gould, for the purchase-money of a mule, was transferred by J ames Gould to Blitch, by delivery only, and in like manner by Blitch to the Bank of Statesboro, which subsequently brought in a justice’s court, against Catherine Gould, a suit by attachment for purchase-money, based upon the note, tlie attachment being levied upon the mule, which was then in the possession of the defendant. The case was dismissed in the justice’s court, on the motion of the defendant, upon…
1Opinion of the CourtLittle, J.
The only question made by the record in this, case is, whether the holder of a note given for the purchase-price of personal property, other than the payee, has a right to the process of attachment against the property. No restriction seems to be made in the code, which gives the remedy by attachment to recover the purchase-money. Civil Code, §4539. All that seems to be required is, that 'the relation of debtor -and creditor shall exist, that the debt is created by the purchase of property, that the debt shall be due, and that the debtor is in possession of the property, or some part of it;…
2Cases cited6 opinions
- Farrar v. BrackettSupreme Court of Georgia · 1890
- Carhart v. ReviereSupreme Court of Georgia · 1887
- Tompkins v. WilliamsSupreme Court of Georgia · 1856
- Hunt v. HarborSupreme Court of Georgia · 1888
- McGregor v. MatthisSupreme Court of Georgia · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Georgia Mills & Elevator Co. v. ClarkeSupreme Court of Georgia · 1900
- McLeod v. Bank of AbbevilleSupreme Court of Georgia · 1917
- Holbrook v. AdamsSupreme Court of Georgia · 1927