Miller v. McKenzie

75 S.E. 820, 11 Ga. App. 494, 1912 Ga. App. LEXIS 82

Opinion

Russell, J.

The pledgee of collateral may maintain trover for its recovery. Citizens Banking Co. v. Peacock, 103 Ga. 171 (29 S. E. 752). Under the testimony offered in behalf of the plaintiff, the jury would have been authorized to find that the title to the certificates of stock sued for had never passed out of the plaintiff, and that the defendant was not a bona fide holder of the collateral. It was therefore error to award a nonsuit. Judgment reversed.