Mathewson v. Brigman Motors Co.
Court of Appeals of Georgia
Certiorari; from Fulton superior court—Judge Pendleton. June 4. 1918. A possessory warrant for a certain motor-truck was sued out by Brigman Motors Company against Mathewson and Lane, and on the trial of the case in tbe municipal court of Atlanta possession was awarded to the plaintiff. .Certiorari was sued out by the defendants, the superior court overruled the certiorari, and they excepted.
1Opinion of the Court
ON MOTION ROE REHEARING.
Jenkins, J.
The defendant in error in this case was the lessee in possession under the vendee when the motor truck was seized without legal process by the original vendors. In the contract of lease by which the defendant in error had gone into possession of the truck, mention was made in general terms of certain remaining unpaid purchase-money notes, maturing monthly, due by the vendee to his vendors, and it was agreed as between the lessee and the lessor, the vendee, that out of any future rental profits derived from the use of the truck these notes should be satisfied…
2Cases cited2 opinions
- Turner Lumber Co. v. Henderson Lumber Co.Court of Appeals of Georgia · 1917
- Glover v. WesleyCourt of Appeals of Georgia · 1917
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- Rutledge v. Universal C. I. T. Credit Corp.Supreme Court of Arkansas · 1951
- Walker v. AyersCourt of Appeals of Georgia · 1933
- Adams Tailoring Co. v. ThomasCourt of Appeals of Georgia · 1924
- Ellis v. GisiCourt of Appeals of Georgia · 1948
- Taylor Iron Works & Supply Co. v. EverettCourt of Appeals of Georgia · 1929
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