Napier v. Bank of LaFayette

Court of Appeals of Georgia

Napier v. Bank of LaFayette

121 S.E. 694, 31 Ga. App. 703, 1924 Ga. App. LEXIS 138

CourtCourt of Appeals of Georgia

DecidedFebruary 28, 1924

Docket14545

StatusPublished

Cited by2 cases

This text of 121 S.E. 694 (Napier v. Bank of LaFayette) 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

Napier v. Bank of LaFayette, 121 S.E. 694, 31 Ga. App. 703, 1924 Ga. App. LEXIS 138 (Ga. Ct. App. 1924).

Pincite

Opinion

Stephens, J.

1. A written transfer by the payee of a promissory note in which title to personalty is reserved as security for the payment of the note carries with it a transfer to the transferee of the title to the property. This is true although the indorsement is in blank. Jordan Mercantile Co. v. Brooks, 149 Ga. 157 (99 S. E. 289); Hooper v. Bank of Hiawassee, 29 Ga. App. 459 (116 S. E. 32).

2. This being a suit by such a transferee against the maker, to recover in trover the personalty referred to, and the defendant having set up in his plea a failure of consideration, and it appearing that he was in possession of the property at the commencement of the action, no demand was necessary. Civil Code (1910), § 4483; Muse v. Wright, 103 Ga. 783 (30 S. E. 662).

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur. McClure & McClure, W. D. Mann, for plaintiff in error. Norman Shattuclc, Rosser & Shaw, contra.

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