Crenshaw v. Wilkes
Supreme Court of Georgia
Trover. Before Judge Morris. Cherokee superior court. Jane E. Wilkes, doing business as the Mecklenburg Iron Works, at Charlotte, North Carolina, brought suit to recover of Thomas C. Crenshaw certain machinery in his possession. The case was submitted to the court on an agreed statement of facts, so much of which as is material being as follows: Fred Keener bought from the plaintiff certain machinery.
Read the full summary
Trover. Before Judge Morris. Cherokee superior court. Jane E. Wilkes, doing business as the Mecklenburg Iron Works, at Charlotte, North Carolina, brought suit to recover of Thomas C. Crenshaw certain machinery in his possession. The case was submitted to the court on an agreed statement of facts, so much of which as is material being as follows: Fred Keener bought from the plaintiff certain machinery. Keener was secretary and treasurer of the Mary Lee Gold Mining Company, a corporation doing business in Georgia. Keener owed tlie mining company á large amount on stock subscription, and, in…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The Mecklenburg Iron Works sold the machinery to Keener with knowledge that Keener was purchasing it for resale to the mining company. The vendor knew-that Keener was to accept, in payment for the machinery, a pro tanto discharge of his indebtedness to the mining company, and shipped the machinery at the request of Keener to the mining company. The vendor, Keener, and the mining company were aware of the various inducements of the parties influencing each one’s participation in the transaction. The entire transaction, while not constituting a tripartite…
2Cases cited2 opinions
- Clarke Bros. v. McNattSupreme Court of Georgia · 1909
- Tucker v. MannSupreme Court of Georgia · 1906
3Cited by5 opinions
- National City Bank v. AdamsCourt of Appeals of Georgia · 1923
- Armistead v. WeaverSupreme Court of Georgia · 1913
- Classic Cadillac, L. P. v. World Omni Leasing, Inc.Court of Appeals of Georgia · 1991
- Griffeth v. WilmoreCourt of Appeals of Georgia · 1933
- Hertz Driv-Ur-Self Stations Inc. v. ArnoldCourt of Appeals of Georgia · 1951