Legal Opinion

Rowe v. Spencer

Supreme Court of Georgia

Decided August 14, 1913PublishedCited by 9 opinions

Trover. Before Judge Daniel. Gwinnett-superior court. April 30, 1912. Spencer brought trover against Rowe. There was a verdict for the plaintiff. The defendant was refused a new trial, and he excepted.

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Trover. Before Judge Daniel. Gwinnett-superior court. April 30, 1912. Spencer brought trover against Rowe. There was a verdict for the plaintiff. The defendant was refused a new trial, and he excepted. The testimony of the plaintiff was as follows: On June 19, 1906, he agreed to sell the mules in controversy to one Humphrey, for the price of $450, of which the sum of $100'was to be paid cash, and for the balance Humphrey was to give Spencer two promissory notes, each for $175, payable respectively September 1, and November 1, 1906. Title to the mules was to be retained by Spencer until the…

1Opinion of the CourtFish, C. J.

(After stating the foregoing facts.) “Whenever personal property is sold and delivered with 'the condition affixed to *543the sale that the title thereto is to remain in the vendor of such personal property until the purchase-price thereof shall have been paid, every such conditional sale, in order for the reservation of title to be valid as against third parties, shall be evidenced in writing, and not otherwise. And the written contract of every such conditional sale shall be executed and attested in the same manner as mortgages on personal property; as between the parties themselves, the…

2Cases cited9 opinions

  1. Harp v. Patapsco Guano Co.Supreme Court of Georgia · 1896
  2. Penland v. CatheySupreme Court of Georgia · 1900
  3. Bergan v. Magnus & Co.Supreme Court of Georgia · 1896
  4. Starnes v. RobertsSupreme Court of Georgia · 1907
  5. Walker v. O'Neill Manufacturing Co.Supreme Court of Georgia · 1907

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Morris & Co. v. Walker Bros.Court of Appeals of Georgia · 1923
  2. Schnirring v. StubbeSupreme Court of Minnesota · 1929
  3. Clark v. WoodCourt of Appeals of Georgia · 1929
  4. Flemming v. DrakeSupreme Court of Georgia · 1927
  5. A. O. Blackmar Co. v. Wright Co.Court of Appeals of Georgia · 1940

4 more not listed; retrieve them via the Exa API.

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