Wilmerding v. Rhodes-Haverty Furniture Co.
Supreme Court of Georgia
Action of trespass. Before Judge Calhoun. City court of Atlanta. January 29, 1904 The plaintiff sued as administrator, alleging that, after he had qualified as such, the defendant illegally and forcibly, and without any authority, took from his possession and deprived him as administrator of his legal possession of certain furniture which his intestate had bought from the defendant.
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Action of trespass. Before Judge Calhoun. City court of Atlanta. January 29, 1904 The plaintiff sued as administrator, alleging that, after he had qualified as such, the defendant illegally and forcibly, and without any authority, took from his possession and deprived him as administrator of his legal possession of certain furniture which his intestate had bought from the defendant. At the trial it appeared, from the plaintiff’s evidence, that at the time of the intestate’s death, which occurred in February, 1903, the furniture was in her possession, at the house in which she resided; that…
1Opinion of the CourtSimmons, C. J.
1. Where a vendor sells certain personal property to be paid for in instalments by the vendee, and enters into a written contract with the vendee, retaining the title to the property, with a stipulation in the contract that if any of the instalments are not paid the vendor “shall have the right to take possession of the property without any legal process, and. all pay- • ments made up to the time of default shall be applied as rent for said property and depreciation in value,” and the vendee defaults as to some of the payments and dies, the vendor is not guilty of a trespass if he seizes and…
2Cases cited1 opinion
- McCook v. CrawfordSupreme Court of Georgia · 1901
3Cited by10 opinions
- Girard v. AndersonSupreme Court of Iowa · 1934
- Jones v. Universal C. I. T. Credit Corp.Court of Appeals of Georgia · 1953
- Strong v. Granite Furniture Co.Utah Supreme Court · 1930
- Dickerson v. Universal Credit Co.Court of Appeals of Georgia · 1933
- Jones v. WilliamsCourt of Appeals of Georgia · 1930
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