Walker v. Carpenter

Court of Appeals of Georgia

Walker v. Carpenter

63 S.E. 576, 5 Ga. App. 427, 1909 Ga. App. LEXIS 10

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1909

Docket1436

StatusPublished

Cited by3 cases

This text of 63 S.E. 576 (Walker v. Carpenter) 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

Walker v. Carpenter, 63 S.E. 576, 5 Ga. App. 427, 1909 Ga. App. LEXIS 10 (Ga. Ct. App. 1909).

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Opinion

Powell, J.

1. An instrument acknowledging receipt of certain personal property and containing a promise by the maker thereof to pay a certain sum in stated instalments, but reserving the title in the vendor as to the property until the payments are fully made, is, although it. contains no words of negotiability, assignable, under §3682 of the Civil Code. Where the payee of such an instrument, by a writing placed on the back of it, “transfers, sells, and! assigns” the bill of sale, the note, and the title to the property, to a third person, he becomes such an indorser as to be liable to suit in the same action with the maker. Howard v. Simpkins, 69 Ga. 773; Bank of Columbus v. Leonard, 91 Ga. 805 (18 S. E. 32); Saussy v. Weeks, 122 Ga. 70 (49 S. E. 809). The second headnote in Cochran v. Strong, 44 Ga. 636, was, as appears from an opinion subsequently filed in the ease, improvidently rendered, and did not express the views of the court. See the criticism in Saussy v. Weeks, supra.

2. None of the grounds of the motion to set aside the judgment are meritorious. Judgment affirmed.

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Powell, J.

1. An instrument acknowledging receipt of certain personal property and containing a promise by the maker thereof to pay a certain sum in stated instalments, but reserving the title in the vendor as to the property until the payments are fully made, is, although it. contains no words of negotiability, assignable, under §3682 of the Civil Code. Where the payee of such an instrument, by a writing placed on the back of it, “transfers, sells, and! assigns” the bill of sale, the note, and the title to the property, to a third person, he becomes such an indorser as to be liable to suit in the same action with the maker. Howard v. Simpkins, 69 Ga. 773; Bank of Columbus v. Leonard, 91 Ga. 805 (18 S. E. 32); Saussy v. Weeks, 122 Ga. 70 (49 S. E. 809). The second headnote in Cochran v. Strong, 44 Ga. 636, was, as appears from an opinion subsequently filed in the ease, improvidently rendered, and did not express the views of the court. See the criticism in Saussy v. Weeks, supra.

2. None of the grounds of the motion to set aside the judgment are meritorious. Judgment affirmed.

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Bluebook (online)

63 S.E. 576, 5 Ga. App. 427, 1909 Ga. App. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-carpenter-gactapp-1909.

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