Miller v. McKenzie

Court of Appeals of Georgia

Miller v. McKenzie

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

CourtCourt of Appeals of Georgia

DecidedSeptember 24, 1912

Docket3859

StatusPublished

This text of 75 S.E. 820 (Miller v. McKenzie) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. McKenzie, 75 S.E. 820, 11 Ga. App. 494, 1912 Ga. App. LEXIS 82 (Ga. Ct. App. 1912).

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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.

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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.

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Bluebook (online)

75 S.E. 820, 11 Ga. App. 494, 1912 Ga. App. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-mckenzie-gactapp-1912.

Opinion

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