Legal Opinion
Phillips v. Drake Motor Co.
Court of Appeals of Georgia
Decided December 4, 1942No. 29704PublishedCited by 2 opinions
1Opinion of the CourtGardner, J.
(After stating the foregoing facts.)
1. The evidence undisputedly proves that at the time the suit was instituted Drake Motor Company was in actual possession of the automobile as agent for Motor Contract Company, the principal. The court erred in directing a verdict against Drake Motor Company on the ground that it was acting only as an agent for Motor Contract Company. If the conversion of the automobile was illegal as to the principal, it was likewise illegal as to its agent. Trover may be maintained against an agent. Godwin v. Mitchell, 60 Ga. App. 713 (3) (4 S. E. 2d, 678); Kelley v.…
2Cases cited11 opinions
- Warren v. RushingSupreme Court of Georgia · 1916
- Hargett v. Muscogee BankCourt of Appeals of Georgia · 1924
- Southern Express Co. v. B. R. Electric Co.Supreme Court of Georgia · 1906
- Waters v. WatersSupreme Court of Georgia · 1928
- David F. v. Southwestern RailroadSupreme Court of Georgia · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Barrett v. Distributors Group Inc.Court of Appeals of Georgia · 1952
- Peters v. American Discount Co.Court of Appeals of Georgia · 1960