National Bank v. Goodyear
Supreme Court of Georgia
Debtor and Creditor. Notice. Mortgage. Contract. Bailment. Agency. Before Judge Roney. Richmond superior court. February 23, 1892. On December 16, "1891, A. "W. Goodyear executed a mortgage to the National Bank of Augusta, the Emerson & Eisher Company, Caroline E. Goodyear, and a number of other parties, all of whom were creditors of the mortgagor in various amounts.
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Debtor and Creditor. Notice. Mortgage. Contract. Bailment. Agency. Before Judge Roney. Richmond superior court. February 23, 1892. On December 16, "1891, A. "W. Goodyear executed a mortgage to the National Bank of Augusta, the Emerson & Eisher Company, Caroline E. Goodyear, and a number of other parties, all of whom were creditors of the mortgagor in various amounts. The mortgage recites that the mortgagor is indebted to the National Bank of Augusta $3,700, represented by five notes of dates running from October 22d to November 14th, 1891, some due at thirty and some at sixty days; that he is…
1Opinion of the Court
Bleckley, Chief Justice.
1. It is clear from the facts appearing in the bill of exceptions and transcript of the record, when closely! scrutinized, that the mortgage executed by Goodyear-to the bank, together with the Emerson & Fisher' Company and several others of his creditors, did not embrace or cover the goods now in controversy. And it is equally clear that the bill of sale subsequently *722executed by him to' the bank alone, was not designed or understood to cover this disputed property in addition to the property embraced in the mortgage; for the consideration of the bill of sale, as shown…
2Cases cited10 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Heryford v. DavisSupreme Court of the United States · 1880
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- Myer v. Car Co.Supreme Court of the United States · 1880
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
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