Cartersville Grocery Co. v. Rowland
Court of Appeals of Georgia
Action on contract; from city court of Cartersville — Judge Moon. October 10, 1914.
1Opinion of the CourtRussell, C. J.
1. The goods having been shipped with the bill of lading attached to a draft, the title to the goods remained in the consignor or his assigns; and the defendant, as the purchaser, was not concerned in the loss of a portion of the shipment until it had paid the draft and secured a transfer of the bill of lading by indorsement.
2. Upon several essential features this case is controlled by the ruling of this court in Brunswig v. East Point Milling Co., 11 Ga. App. 9 (74 S. E. 448); and for this reason the trial judge erred in overruling the motion for a new trial.
(а) Parol evidence of custom is…
2Cases cited6 opinions
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
- Vardeman v. Penn Mutual Life InsuranceSupreme Court of Georgia · 1906
- Merchants National Bank v. DemereSupreme Court of Georgia · 1894
- Park & Iverson v. Piedmont & Arlington Life InsuranceSupreme Court of Georgia · 1873
- Haupt v. Phœnix Mutual Life Insurance Co.Supreme Court of Georgia · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Grantville Oil Mills v. Hogansville Oil Mill Co.Court of Appeals of Georgia · 1917
- Atlantic Fertilizer Co. v. Southern States Phosphate & Fertilizer Co.Court of Appeals of Georgia · 1936