Merchants & Miners Transportation Co. v. Moore & Co.
Supreme Court of Georgia
Trover. Before Judge Norwood. City court of Savannah. June 26, 1905. Moore & Company brought suit in trover against the Merchants and Miners Transportation Company, for 301 sacks of oats. An agreed statement of facts was submitted to the court, which in brief is as follows: On October 21, 1903, Joseph Gregg shipped from Chicago to Savannah, over the Baltimore & Ohio Railroad, 301 sacks of oats, consigned to the order of Joseph Gregg, with direction to notify Moore & Company.
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Trover. Before Judge Norwood. City court of Savannah. June 26, 1905. Moore & Company brought suit in trover against the Merchants and Miners Transportation Company, for 301 sacks of oats. An agreed statement of facts was submitted to the court, which in brief is as follows: On October 21, 1903, Joseph Gregg shipped from Chicago to Savannah, over the Baltimore & Ohio Railroad, 301 sacks of oats, consigned to the order of Joseph Gregg, with direction to notify Moore & Company. The bill of lading was issued to Joseph Gregg, who indorsed it and attached it to a draft on Moore & Company for…
1Opinion of the CourtCobb, P. J.
The foregoing statement of facts makes out a clear case of conversion upon the part of the Merchants and Miners Transportation Company. That it acted in good faith in delivering the oats in accordance with the direction of its principal, the Baltimore and Ohio Bailroad Company, is no defense against the true owner of the property. “An agent who, for and in behalf of his principal, takes the property of another without the latter’s consent is, as to him, guilty of a conversion, although, being ignorant of the true owner’s title, the agent may have acted in perfect good faith; and such agent…
2Cases cited7 opinions
- Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
- Miller v. WilsonSupreme Court of Georgia · 1896
- Central of Georgia Railway Co. v. Chicago Portrait Co.Supreme Court of Georgia · 1905
- Rushin v. TharpeSupreme Court of Georgia · 1892
- Georgia Southern & Florida Railway Co. v. Johnson, King & Co.Supreme Court of Georgia · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- The SarniaCourt of Appeals for the Second Circuit · 1921
- Haas & Howell v. GodbyCourt of Appeals of Georgia · 1924
- Brothers v. HorneSupreme Court of Georgia · 1913
- Securities Trust Co. v. MarshallCourt of Appeals of Georgia · 1923
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Court of Appeals of Georgia · 1914
34 more not listed; retrieve them via the Exa API.