National Bank v. Augusta Cotton & Compress Co.
Supreme Court of Georgia
Complaint. Before Judge Eve. City court of Richmond county. July term, 1897. E. H. Butt bought cotton, ten bales from Nixon & Danforth, three from Alexander & Alexander, and one from Hull & Tobin, factors and commission merchants, with the understanding that the purchases were for cash, in pursuance of a rule of the Augusta Cotton Exchange (of which Butt and these factors were members), and in pursuance of the custom of the trade in Augusta, that all sales of cotton are for…
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Complaint. Before Judge Eve. City court of Richmond county. July term, 1897. E. H. Butt bought cotton, ten bales from Nixon & Danforth, three from Alexander & Alexander, and one from Hull & Tobin, factors and commission merchants, with the understanding that the purchases were for cash, in pursuance of a rule of the Augusta Cotton Exchange (of which Butt and these factors were members), and in pursuance of the custom of the trade in Augusta, that all sales of cotton are for cash and that bills therefor are payable as soon as weights and grades are determined upon; delivery sometimes being…
1Opinion of the CourtCobb, J.
1. In 1854 a law was passed by the General Assembly which declared that “ cotton sold by planters and commission merchants on cash sale shall not be considered as the property of the buyer or the ownership given up until the same shall be fully paid for, although it may have been delivered into the possession of the buyer; any law, usage, or custom to the contrary notwithstanding.” The title of the act from which this extract is taken was “an act for the protection in certain cases of planters and cotton sellers within the State of Georgia.” Acts 1853 — 54, p. 56. In 1857 a similar law was…
2Cases cited2 opinions
- Georgia Railroad & Banking Co. v. OaksSupreme Court of Georgia · 1874
- Savannah Cotton-Press Ass'n v. MacIntyreSupreme Court of Georgia · 1893
3Cited by15 opinions
- Flannery v. HarleySupreme Court of Georgia · 1903
- Charleston & Western Carolina Railway Co. v. Pope & FlemingSupreme Court of Georgia · 1905
- Wood v. StateCourt of Appeals of Georgia · 1942
- Garmon v. StateSupreme Court of Georgia · 1964
- Council v. NunnCourt of Appeals of Georgia · 1930
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