Cooper v. King

• Decision Date: 15 April 1909
• Docket Number: (No. 1,508.)
• Parties: COOPER et al. v. KING.
• Court: Georgia Court of Appeals

64 S.E. 288

(6 Ga. App. 76)

COOPER et al.

v.KING.

(No. 1, 508.)

Court of Appeals of Georgia.

April 15, 1909.

Bills and Notes (§ 427^*) —Payment — Per-sons to Whom Payment may be Made. Under Civ. Code 1895, § 3717, "payment of money due to the creditor or his authorized or general agent, or one whom the creditor accredits as agent, though he may. not be so, or to his partner interested with him in the money, shall be good; and, if such agent receives property other than money as money, the creditor is bound thereby."

[Ed. Note.—For other case, see Bills and Notes, Cent. Dig. §§ 1233-1244; Dec. Dig. § 427.*]

(Syllabus by the Court.)

Error from Superior Court, Houston County; W. H. Felton, Judge.

Rule between J. P. Cooper and others and F. M. King to distribute money raised by a levy on and sale of property of Glenmore Thorp. Judgment for King, and Cooper and others bring error. Reversed.

This case comes to this court upon exceptions to the direction of a verdict upon a rule to distribute money raised from the levy and sale of certain property, sold by the sheriff as the property of Glenmore Thorp. King had a distress warrant against Thorp for $90 and costs, and also a landlord's lien for supplies for $126.13 and costs. Cooper had a mortgage fi. fa. against Thorp. Cooper was respondent in the rule, and made by his pleadings the point that King's rent had been paid. Cooper made it appear in the testimony that he had paid to W. A. Davis & Company, at Macon, the rent note of $90 given by Thorp to King for rent; also that he had paid to Davis certain notes of Thorp, aggregating about $166. However, the testimony seemed to indicate that these notes last referred to did not represent the items upon which the landlord's lien for supplies was prosecuted. The plaintiff admitted on the stand that he had placed the rent note with W. A. Davis & Co. for collection. The judge directed a verdict ordering the sheriff to pay over the money to King on his landlord's lien and distress warrant, in preference to the mortgage fi. fa. of Cooper. The record does not definitely disclose whether Cooper paid Davis & Co. the rent note before or after the distress warrant was sworn out.

R. N. Holtzclaw and J. P. Duncan, for plaintiffs in error.

J. H. Hall and M. Kunz, for defendant in error.

POWELL, J. If King's rent was paid either to him or to Davis & Co., the agents with whom he had placed the note for collection, before the distress warrant was issued, no portion of the proceeds from...