Legal Opinion

Harris Loan Co. v. Elliott & Hatch Book Typewriter Co.

Supreme Court of Georgia

Decided January 29, 1900PublishedCited by 19 opinions

Complaint in trover. Before Judge Reid. City court of Atlanta. 'May term, 1899.

1Opinion of the CourtCobb, J.

1. An agency can not be established by proof of the declarations of the alleged agent. Williams v. Kelsey, 6 Ga. 365; Holland v. Van Beil, 89 Ga. 223; Abel v. Jarratt, 100 Ga. 732.

2. Persons dealing with an agent appointed for a particular purpose are bound to inquire as to the extent of h'is authority. Civil Code, § 3023.

3. While possession of personal property is presumptive evidence of ownership, such presumption is not conclusive, and any person dealing with the possessor as the owner will not obtain title to the property as against the true owner, unless he has done something to mislead…

2Cases cited3 opinions

  1. Abel v. Jarratt & Co.Supreme Court of Georgia · 1897
  2. Williams v. Kelsey & HalstedSupreme Court of Georgia · 1849
  3. Holland v. Van BeilSupreme Court of Georgia · 1892

3Cited by19 opinions

  1. Haas & Howell v. GodbyCourt of Appeals of Georgia · 1924
  2. Addley v. BeizerCourt of Appeals of Georgia · 1992
  3. Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
  4. Scott v. Kelly-Springfield Tire Co.Court of Appeals of Georgia · 1924
  5. Capital Automobile Co. v. WardCourt of Appeals of Georgia · 1936

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