Anderson v. Adams & Co.
Supreme Court of Georgia
Action for damages. Before Judge Nottingham. City court of Macon. April 10, 1902. Adams & Company alleged that Anderson had damaged the plaintiffs in the sum of $129.22, besides interest, by reason of the following facts: Defendant, on November 3,1901, wrongfully got possession of two mules (described), worth $129.22, which were mortgaged to plaintiffs by W. M. Elder on January 21, 1901. Defendant procured the mules purposely to defeat said mortgage, and has concealed or…
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Action for damages. Before Judge Nottingham. City court of Macon. April 10, 1902. Adams & Company alleged that Anderson had damaged the plaintiffs in the sum of $129.22, besides interest, by reason of the following facts: Defendant, on November 3,1901, wrongfully got possession of two mules (described), worth $129.22, which were mortgaged to plaintiffs by W. M. Elder on January 21, 1901. Defendant procured the mules purposely to defeat said mortgage, and has concealed or placed them beyond the-reach of the mortgage. Although demand was made on him by the deputy-sheriff, in whose hands the…
1Opinion of the CourtLamar, J.
1. The judge submitted to the jury, as one of the issues of fact, whether the mules had been sold to Elder or to Pol-hill. The note was not sent up in the record, nor does it appear that it was attested as required by the Civil Code, § 2776. Hill v. Ludden & Bates, 113 Ga. 320. Erom the oral testimony as to its contents it appears that it was signed by Elder as maker and Pol-hill as security. This fact would, prima facie, indicate that the sale was to Elder, and, in connection with the other evidence, was sufficient to sustain the finding of the jury that Elder had title and was authorized to…
2Cases cited7 opinions
- Coleman v. AllenSupreme Court of Georgia · 1888
- DeVaughn v. HarrisSupreme Court of Georgia · 1897
- Harris v. GrantSupreme Court of Georgia · 1895
- Harp v. Patapsco Guano Co.Supreme Court of Georgia · 1896
- Hill v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Citizens & Southern Bank v. StateSupreme Court of Georgia · 1921
- Davidson v. CollierCourt of Appeals of Georgia · 1961
- Blanchard v. Farmers State BankSupreme Court of Georgia · 1924
- Planters Bank v. Albert Pick & Co.Court of Appeals of Georgia · 1928
- Streetman v. TurnerCourt of Appeals of Georgia · 1924
2 more not listed; retrieve them via the Exa API.