McDuffie v. State
Court of Appeals of Georgia
Indictment for misdemeanor; from Wilcox superior court-judge George. August 19, 1916. Tbe indictment charged that J. D. McDuffie, having given to Benton Martin Mule Company a paper retaining title to a described mule, to secure a debt of $100, the purchase-price of the mule, did, without the consent of the said company and with intent to defraud them, “sell and dispose of” the mule without payment of the debt and to the loss and damage of the said company in the sum of $100.
1Opinion of the CourtWade, C. J.
1. “Sale, or exchange, is a transmutation of property from one man to another, in consideration of some price or recompense in value.” 2 Blaekstone’s Com. 446. Though often used in a more limited sense, embracing only those contracts which are founded upon a money consideration (DeBary v. Dunne, 172 Fed. 940; Skirvin v. O’Brien, 43 Tex. Civ. App. 1, 95 S. W. 696, 700; Lucas v. County Recorder of Cass County, 75 Neb. 351, 106 N. W. 217, 220), a “sale,” in its broadest sense, comprehends any contract for the transfer of property from one person to another for a valuable consideration (Cole v.…
2Cases cited7 opinions
- Howell v. StateSupreme Court of Georgia · 1906
- Skirvin v. O'BrienCourt of Appeals of Texas · 1906
- Micks v. StevensonIndiana Court of Appeals · 1898
- James v. StateSupreme Court of Georgia · 1905
- Laird v. ColeSupreme Court of Iowa · 1903
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3Cited by4 opinions
- Helvering v. Nebraska Bridge Supply & Lumber Co.Court of Appeals for the Eighth Circuit · 1940
- Nolley v. ElliottCourt of Appeals of Georgia · 1935
- Philmore v. StateCourt of Appeals of Georgia · 1977
- Utzman v. Caribbean & Southeastern Development Corp.Court of Appeals of Georgia · 1962