Ainsworth v. Mobile Fruit & Trading Co.
Supreme Court of Georgia
Garnishment and claim. Before Judge Ross. City court of Macon. September term, 1896. On May 14, 1895, Cullen executed to Ainsworth a mortgage on his entire stock of goods, fixtures and books of account, together with any additions or increase thereto thereafter made,. for securing a promissory note of the same date, due one month later, for $1,000. The mortgage was duly recorded.
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Garnishment and claim. Before Judge Ross. City court of Macon. September term, 1896. On May 14, 1895, Cullen executed to Ainsworth a mortgage on his entire stock of goods, fixtures and books of account, together with any additions or increase thereto thereafter made,. for securing a promissory note of the same date, due one month later, for $1,000. The mortgage was duly recorded. On March 16, 1896, plaintiff, the Mobile Fruit and Trading Co., sued Cullen upon an account for $200 and interest, made before the execution of the mortgage; and upon this suit caused garnishment to issue and be…
1Opinion of the CourtFish, J.
1. The lien of the mortgage given by Cullen on his stock of goods to Ainsworth, which was changing in specifics, was lost upon goods sold by Cullen in regular course of trade (Civil Code, § 2723) and did not attach to the proceeds of sales which were deposited with the Macon Savings Bank, the garnishee. Dowell v. Dickle, 55 Ga. 176. Nor did the lien of the mortgage attach to such part of the fund in the garnishee’s hands as may have been made up from collections on the book accounts attempted to be mortgaged by Cullen to Ainsworth, because in this State accounts can not be mortgaged.
2. The…
2Cases cited3 opinions
- American Grocery Co. v. KennedySupreme Court of Georgia · 1897
- Walker v. FerrillSupreme Court of Georgia · 1877
- Dowell v. George A. Dickle & Co.Supreme Court of Georgia · 1875
3Cited by3 opinions
- Tatum v. TatumSupreme Court of Georgia · 1948
- Ogden Equipment Co. v. Talmadge Farms, Inc.Court of Appeals of Georgia · 1974
- Blumberg Bros. v. OdumCourt of Appeals of Georgia · 1924