Commercial Credit Corp. v. Citizens & Southern Nat. Bank, Nos. 29710, 29764.

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtMacINTYRE
Citation23 S.E.2d 198
PartiesCOMMERCIAL CREDIT CORPORATION. v. CITIZENS & SOUTHERN NAT. BANK. CITIZENS & SOUTHERN NAT. BANK. v. COMMERCIAL CREDIT CORPORATION.
Docket NumberNos. 29710, 29764.
Decision Date21 November 1942

23 S.E.2d 198

COMMERCIAL CREDIT CORPORATION.
v.
CITIZENS & SOUTHERN NAT.
BANK.
CITIZENS & SOUTHERN NAT.
BANK.
v.
COMMERCIAL CREDIT CORPORATION.

Nos. 29710, 29764.

Court of Appeals of Georgia,
Division No. 1.

Nov. 21, 1942.


[23 S.E.2d 199]
Syllabus by the Court.

1. "A privy in estate is a successor to the same estate, not to a different estate in the same property."

2. Where one sells goods on a contract of conditional sale to a person whom he knows is a dealer in articles of the character of the subject of the sale, or where the seller knows the property is to be resold by the buyer, he can not assert his title as against an innocent party who acquires title from the buyer in the regular course of trade.

o. Before this rule can apply the one assuming to occupy the relationship of buyer (vendee) of the owner must, in truth and in fact, be the buyer from the owner. "Paper transfers of title are of no consequence, where corresponding facts do not exist, nor will apparent momentary ownership, for the purpose of an instantaneous resale, suffice." Southern Finance Co. v. Mercantile Discount Corp., 80 Ind.App. 436, 141 N.E. 250, 251.

4. In the application of the rule stated in headnote 2 mere form will not be allowed to overshadow substance, and hence a constructive sale or resale will be disregarded if, in fact, only the relation of debtor and creditor existed, and the paper transfers of title were for the purpose only of securing debt.

Error from City Court of Springfield; Paul D. Shearouse, Judge.

Suit by Citizens & Southern National Bank against one Grumbine, doing business as Guyton Motor Company, to foreclose a bill of sale to an automobile which had been subsequently sold to a bona fide purchaser under a conditional sales contract. The Commercial Credit Corporation, as assignee of the conditional sales contract, filed a claim. To review the judgment on trial of the claim, Commercial Credit Corporation, by main bill of exceptions, brings error and the bank brings a cross-bill.

Affirmed.

Grumbine, a merchant doing business as the Guyton Motor Company, in order to secure a debt executed to the Citizens & Southern Bank a bill of sale to the automobile in question. The paper was duly recorded. The bank knew Guyton was a dealer in automobiles and that the automobile would be sold in the regular course of trade. Thereafter Archer, a bona fide purchaser, bought the automobile from Grumbine in due course of trade, paid part of the purchase price down and gave a conditional bill of sale to secure the balance. Grumbine transferred this conditional-sale contract to the Commercial Credit Corporation, on the same date, with notice that the car had been thus bought from Grumbine in due course of trade. The bank foreclosed its paper and levied on the automobile, which was in the possession of Archer. Archer filed a claim, on the trial of which the jury found against him. He moved for a new trial which was overruled "and the case went no further." As to that claim the ruling became the law of the case, irrespective of what the law of the State might be. The Commercial Credit Corporation then filed a claim to the automobile; the bank filed a plea of res judicata, which the judge overruled; the case went to trial and the jury found in favor of the bank. The Commercial Credit Corporation excepted by main bill to the overruling of its motion for new trial and the bank excepted by cross-bill to the overruling of the plea of res judicata.

Vance Dasher, of Springfield, and Kennedy, McWhorter & Jenkins, of Savannah, for plaintiff in error.

Hinton Booth, of Statesboro, and' Lee, Congdon & Fulcher, of Augusta, for defendant in error.

MacINTYRE, Judge.

1. We will first take up the exception to the overruling of the plea of res judicata raised by the cross-bill. Code, § 110-501 provides: "A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue, or which under the rules of law might have

[23 S.E.2d 200]

been put in issue in the cause wherein the judgment was rendered, until such judgment shall be...

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11 practice notes
  • Manchester Motors v. Farmers and Merchants Bank of Manchester, No. 35540
    • United States
    • United States Court of Appeals (Georgia)
    • 8 Abril 1955
    ...& Mechanics Bank v. Beard, 162 Ga. 446, 134 S.E. 107, and Commercial Credit Co. v. Citizens & Southern Nat. Bank, 68 Ga.App. 393, 23 S.E.2d 198. The import of these decisions is that a bill of sale to secure debt conveys an outright legal title, as distinguished from a mortgage lien......
  • Life & Cas. Ins. Co. of Tenn. v. Webb, No. 41279
    • United States
    • United States Court of Appeals (Georgia)
    • 8 Septiembre 1965
    ...81, but not different rights in the same property. Commercial Credit Corp. v. Citizens & Southern National Bank, 68 Ga.App. 393(1), 23 S.E.2d 198. Whether there is privity between the insured defendant here and the spouse defendant in the prior suit because of the payment made under the......
  • Blakely v. Couch, No. 48195
    • United States
    • United States Court of Appeals (Georgia)
    • 13 Septiembre 1973
    ...in such cases. See Hare v. Sou. Ry. Co., 61 Ga.App. 159, 6 S.E.2d 65; Commercial Credit Corp. v. C&S Nat'l Bank, 68 Ga.App. 393, 394, 23 S.E.2d 198; Morris v. Ga. Power Co., 65 Ga.App. 180(1a), 15 S.E.2d 730; and Harris Equip. Co., Inc., v. McGuigan, 104 Ga.App. 612, 122 S.E.2d Page 498......
  • Janelle v. Seaboard Coast Line R. Co., No. 75-3174
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 24 Diciembre 1975
    ...prior case. Darling Stores v. Beautus, 1945, 199 Ga. 215, 33 S.E.2d 701; Commercial Credit Corp. v. Citizens Bank, 1942, 68 Ga.App. 393, 23 S.E.2d 198. Ordinarily, a prior FELA action will operate as res judicata to a subsequent suit for wrongful death because "the right of action whic......
  • Request a trial to view additional results
11 cases
  • Manchester Motors v. Farmers and Merchants Bank of Manchester, No. 35540
    • United States
    • United States Court of Appeals (Georgia)
    • 8 Abril 1955
    ...& Mechanics Bank v. Beard, 162 Ga. 446, 134 S.E. 107, and Commercial Credit Co. v. Citizens & Southern Nat. Bank, 68 Ga.App. 393, 23 S.E.2d 198. The import of these decisions is that a bill of sale to secure debt conveys an outright legal title, as distinguished from a mortgage lien......
  • Life & Cas. Ins. Co. of Tenn. v. Webb, No. 41279
    • United States
    • United States Court of Appeals (Georgia)
    • 8 Septiembre 1965
    ...81, but not different rights in the same property. Commercial Credit Corp. v. Citizens & Southern National Bank, 68 Ga.App. 393(1), 23 S.E.2d 198. Whether there is privity between the insured defendant here and the spouse defendant in the prior suit because of the payment made under the......
  • Blakely v. Couch, No. 48195
    • United States
    • United States Court of Appeals (Georgia)
    • 13 Septiembre 1973
    ...in such cases. See Hare v. Sou. Ry. Co., 61 Ga.App. 159, 6 S.E.2d 65; Commercial Credit Corp. v. C&S Nat'l Bank, 68 Ga.App. 393, 394, 23 S.E.2d 198; Morris v. Ga. Power Co., 65 Ga.App. 180(1a), 15 S.E.2d 730; and Harris Equip. Co., Inc., v. McGuigan, 104 Ga.App. 612, 122 S.E.2d Page 498......
  • Janelle v. Seaboard Coast Line R. Co., No. 75-3174
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 24 Diciembre 1975
    ...prior case. Darling Stores v. Beautus, 1945, 199 Ga. 215, 33 S.E.2d 701; Commercial Credit Corp. v. Citizens Bank, 1942, 68 Ga.App. 393, 23 S.E.2d 198. Ordinarily, a prior FELA action will operate as res judicata to a subsequent suit for wrongful death because "the right of action whic......
  • Request a trial to view additional results

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