Jowers v. Blandy
Supreme Court of Georgia
Trover. Sales. Title. Mortgage. Principal and Agent. Contracts. Bail. Affidavit. Notary Public. Seal. Practice in the Superior Court. Before Judge Clark. Webster Superior Court. September Term, 1876. II. & F. Blandy brought trover against William P. Jowers for one thirty-horse power portable engine, with its necessary tools and equipments, and one heavily constructed wagon for hauling the same. Bail process was sued out and bond given.
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Trover. Sales. Title. Mortgage. Principal and Agent. Contracts. Bail. Affidavit. Notary Public. Seal. Practice in the Superior Court. Before Judge Clark. Webster Superior Court. September Term, 1876. II. & F. Blandy brought trover against William P. Jowers for one thirty-horse power portable engine, with its necessary tools and equipments, and one heavily constructed wagon for hauling the same. Bail process was sued out and bond given. The defendant pleaded the general issue, and a special plea not material here. The evidence for the plaintiffs made the following case: In October, 1870, one…
1Opinion of the Court
Bleckley, Judge.
1. When, in a contract for the sale of personal property, it is stipulated that the seller is to retain title until the price is paid in full, the title does not pass by delivery of the property to the purchaser. Such a contract, when reduced to writing and signed by the parties, is not a mortgage— 23 Ga., 205 ; 34 Ib., 494.
2. When the seller is represented in the contract by an agent who retains the title in himself, as agent, the legal effect is to leave the title in his principal. And it makes no difference to whom the notes given for the purchase money are made payable.
3.…
2Cases cited1 opinion
- Goodwin v. MaySupreme Court of Georgia · 1857
3Cited by10 opinions
- Gilbert v. National Cash Register Co.Illinois Supreme Court · 1898
- Meldrum v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Trust Co. v. MobleyCourt of Appeals of Georgia · 1929
- McGinnis v. SavageWest Virginia Supreme Court · 1887
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