Terminals v. Walton Discount Co

Decision Date16 November 1922
Docket Number(No. 13797.)
Citation29 Ga.App. 225,114 S.E. 908
PartiesATLANTA JOINT TERMINALS. v. WALTON DISCOUNT CO.
CourtGeorgia Court of Appeals

(Syllabus by the Court.)

The evidence demanded the judgment rendered in the municipal court, and the judge of the superior court properly overruled the certiorari.

(Additional Syllabus by Editorial Staff.)

[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Loan.]

Error from Superior Court, Fulton County; Geo. L. Bell, Judge.

Action by the Walton Discount Company against the Atlanta Joint Terminals. Judgment for plaintiff, and certiorari overruled, and defendant brings error. Affirmed.

W. O. Wilson, of Atlanta, for plaintiff in error.

Jackson & Echols, of Atlanta, for defendant in error.

BLOODWORTH, J. The Walton Discount Company brought suit against the Atlanta Joint Terminals in the municipal court of Atlanta, upon a sale and assignment of wages made to Walton Discount Company by one Grant. Judgment was rendered against the defendant, certiorari was sued out, the certiorari was overruled, and the defendant excepted.

The controlling issue in the case is whether or not the Walton Discount Company was precluded from collecting these wages because they had not paid the license due under the act regulating loan business. Ga. L. 1920, pp. 215-222. It was admitted by the plaintiff that it had not paid this license, and was not doing business under the provisions of this act. It was not contended that the plaintiff had not paid any other license, or that it was doing business without a license, and there was no issue as to that. The issue therefore resolves itself into the question whether or not the transaction under consideration was such an one as would come under the act referred to. This act is:

"An act to license and regulate the business of making loans * * * regulating the as-signment of wages or salaries earned when taken as security for any such loan." (Italics ours.)

The application of Grant to the Walton Discount Company is as follows:

"'Application to sell salary or wage account. Georgia, Fulton County. The undersigned hereby makes application to Walton Discount Company to sell an undivided interest in my account for salary or wages already earned and to be earned by the undersigned in the employ of Atlanta Joint Terminals, in the capacity of switchman, under my contract of employment from February 1, 1921, to February 28, 1921. The account the undersigned desires to sell and assign is for the amount of $74.50, and, in order to induce the said buyer and assignee to buy said account, I hereby agree to take for the same the sum of $71. The undersigned further represents that there are no offsets, assignments, attachments, counterclaims or incumbrances of any character whatsoever against the account herein referred to, and that said account is true, just, and unpaid, and that the undersigned has not heretofore sold or assigned the same. It is distinctly understood by all parties to this transaction that this is to be an absolute and unconditional sale and assignment of the money and account hereinabove described. The undersigned herein represents that he is over 21 years of age. This the 28 of Feby., 1921. F. L. Grant." (Italics ours.)

The sale or assignment is in part as follows:

"Atlanta, Ga., Feby. 28, 1921. $74.50. ...

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4 cases
  • Hubbard v. Bibb Brokerage Co
    • United States
    • Georgia Court of Appeals
    • May 15, 1931
    ... ... 369, 73 S. E. 632; King v. State, 136 Ga. 709, 71 S. E. 1093; Atlanta Joint Terminals v. Walton Discount Co., 29 Ga. App. 225, 114 S. E. 908; Ison Co. v. Atlantic Coast Line R. R ... ...
  • Hubbard v. Bibb Brokerage Co.
    • United States
    • Georgia Court of Appeals
    • May 15, 1931
    ... ... 369, 73 S.E. 632; ... King v. State, 136 Ga. 709, 71 S.E. 1093; ... Atlanta Joint Terminals v. Walton Discount Co., 29 ... Ga.App. 225, 114 S.E. 908; Ison Co. v. Atlantic Coast ... Line ... ...
  • Kansas City v. Markham
    • United States
    • Missouri Supreme Court
    • November 12, 1936
    ... ... the receiver. Houser v. Richardson, 90 Mo.App. 134; ... Natl. Discount Co. v. Evans, 272 F. 574; Salem ... Trust Co. v. Mfg. Finance Co., 264 U.S. 197, 68 L.Ed ... ; Struthers v. Drexel, 122 U.S. 495, 30 L.Ed ... 1216; Atlanta Joint Terminals v. Walton Discount ... Co., 29 Ga.App. 225, 114 S.E. 908; King v ... State, 136 Ga. 709, 71 S.E ... ...
  • Atlanta Joint Terminals v. Walton Discount Co.
    • United States
    • Georgia Court of Appeals
    • November 16, 1922

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