Mathewson v. Belmont Flouring Mills Co.
Supreme Court of Georgia
Sales. Title. Yendor and Purchaser. Contracts. Principal and Agent. Brokers. Before Judge Eve. City Court of Richmond County. November Term, 1885- The Belmont Flouring Mills Company brought trover foi 639 sa'clrs of 'flour against J. 0. Mathewson. He had obtained the flour under an assignment from B. Dub & Company, for the benefit of creditors, and the question was, whether they ever had title, so as -to be able to convey any to Mathewson.
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Sales. Title. Yendor and Purchaser. Contracts. Principal and Agent. Brokers. Before Judge Eve. City Court of Richmond County. November Term, 1885- The Belmont Flouring Mills Company brought trover foi 639 sa'clrs of 'flour against J. 0. Mathewson. He had obtained the flour under an assignment from B. Dub & Company, for the benefit of creditors, and the question was, whether they ever had title, so as -to be able to convey any to Mathewson. The evidence showed that the flour had been ordered for B. Dub & Company by brokers in Augusta, who wrote to plaintiff, “ Ship, as soon as you can, 45…
1Opinion of the Court
Jackson, Chief Justice..
The Belmont Flouring Mills Company sued Mathewson, in trover, for 639 sacks of flour. The flour had been ordered by brokers for Dub & Company, .with this direction, “ Ship, as soon as you can, 45 days’ draft, B. Dub & Company,” the flour in question. Dub & Company assigned it to Mathewson, as their assignee, without returning the draft signed, it being sent with the bill of lading and an invoice stating the terms as 45 days’ acceptance. On law and facts, the case was referred to the judge, who held that the plaintiffs were entitled to recover, and this court concurs…
2Cases cited2 opinions
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
- Armour v. PeckerMassachusetts Supreme Judicial Court · 1877
3Cited by3 opinions
- Southern Pine Co. of Georgia v. Savannah Trust Co.Court of Appeals for the Fifth Circuit · 1905
- Bergan v. Magnus & Co.Supreme Court of Georgia · 1896
- Walter E. Heller & Co. v. Aetna Business Credit, Inc.Court of Appeals of Georgia · 1981