McCullough v. Pritchett
Supreme Court of Georgia
Complaint. Before Judge Adams. City court of Dublin. November 21, 1903. McCullough and Bostick bought a sawmill, for which they gave joint notes providing that title to the property should remain in the vendors until payment of the notes. It was after-wards agreed between McCullough and Bostick that Bostick should take the mill, operate it as his own, pay the notes, and own the property.
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Complaint. Before Judge Adams. City court of Dublin. November 21, 1903. McCullough and Bostick bought a sawmill, for which they gave joint notes providing that title to the property should remain in the vendors until payment of the notes. It was after-wards agreed between McCullough and Bostick that Bostick should take the mill, operate it as his own, pay the notes, and own the property. Bostick, under this agreement, took the mill, operated it as his own, and paid the notes except one. While Bostick was in possession of the mill and after the notes ■ had been recorded, he borrowed money from…
1Opinion of the CourtCandler, J.
1. Where two persons executed jointly their promissory note, the consideration being the purchase-money of personal property, title to which was reserved in the vendor until the payment of. the note, and the note was afterwards transferred without recourse, title to the property not being transferred to the purchaser of the note, the makers of the note thereupon became invested with title to the property. Burch v. Pedigo, 113 Ga. 1157.
2. The sale by one of the makers of the note to the other of all his interest in the property for the purchase-price of which the note was given, under a…
2Cases cited1 opinion
- Burch v. Pedigo & LyonsSupreme Court of Georgia · 1901
3Cited by3 opinions
- Townsend v. Southern Product Co.Supreme Court of Georgia · 1907
- Jordan Mercantile Co. v. BrooksSupreme Court of Georgia · 1919
- Swann Davis Co. v. StantonCourt of Appeals of Georgia · 1910