Georgia Milk Producers' Ass'n v. Crane
Decision Date | 12 October 1911 |
Citation | 72 S.E. 414,137 Ga. 50 |
Parties | GEORGIA MILK PRODUCERS' ASS'N v. CRANE. |
Court | Georgia Supreme Court |
Syllabus by the Court.
Crane levied an attachment for the purchase money on certain personalty sold to Crosby. At the time the property was sold Crane took from Crosby a note wherein the title to the property was retained in Crane until the purchase price was paid. The note was not recorded in the county wherein Crosby resided. A corporation filed a claim to the property. The evidence authorized the following findings of fact: Crane sold the property to Crosby individually, and the latter sold it to the claimant while he was general manager and secretary and treasurer thereof. The purchase money was paid by the claimant to Crosby in the issuance of stock to him, and this latter sale was made and the stock issued while the president and other stockholders of the claimant were present. Held, under the circumstances named, the fact that Crosby held the offices stated at the time of the sale by him to the corporation would not charge the latter with notice of the retention of title by Crane. Pursley v. Stanley, 122 Ga. 362, 50 S.E. 139; People's Bank v. Exchange Bank, 116 Ga. 820 (3), 43 S.E. 269, 94 Am.St.Rep. 144 31 Cyc. 1592.
(a) Under the above ruling, it was error requiring a new trial to charge the jury as follows: ...
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