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Scarboro v. Goethe

Scarboro v. Goethe, 45 S.E. 413 (Ga. 1903)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
August 13, 1903
Judges
Pisrr
Citations
45 S.E. 413118 Ga. 5431903 Ga. LEXIS 611
Cited by 11
Summary
Trover. Before Judge Evans. ' Bulloch superior court. November 5, 1902.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Pisrr

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Pisrr, P. J.

In an action of trover by a vendor against a vendee, in which the former claimed title based upon a conditional bill of sale, reserving to himself' title to the property sold until the purchase-money should be paid, no demand was necessary where it appeared that the defendant was in possession of the property, claiming title thereto, at the time of the action, his defense being that, owing to payments made and partial failure of consideration, he was due only a small balance of the purchase-money, of which he made tender. Accordingly, it was erroneous, in such a case, to grant a nonsuit upon the ground that no demand was shown to have been made prior to the suit. Civil Code, § 3887; Muse v. Wright, 103 Ga. 783 ; Grant v. Miller, 107 Ga. 804 .

Judgment reversed.

By five Justices.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1909: 11914: 11915: 11919: 11923: 11930: 11937: 11948: 11965: 11966: 11976: 119092026peak 1909 · 1

Relies on it most ⓘ

  1. Securities Trust Co. v. Marshall118 S.E. 478 (Ga. Ct. App. 1923)
  2. McDaniel v. White230 S.E.2d 500 (Ga. Ct. App. 1976)
  3. Dasher v. International Harvester Co. of America155 S.E. 211 (Ga. Ct. App. 1930)
  4. Carter v. American Slicing Machine Co.98 S.E. 365 (Ga. Ct. App. 1919)
  5. C. I. T. Corp. v. Smith193 S.E. 261 (Ga. Ct. App. 1937)
  6. Graham v. State Street Bank & Trust Co.142 S.E.2d 99 (Ga. Ct. App. 1965)

Most recent

  1. McDaniel v. White230 S.E.2d 500 (Ga. Ct. App. 1976)
  2. Chastain v. Consolidated Credit Corp.151 S.E.2d 889 (Ga. Ct. App. 1966)
  3. Graham v. State Street Bank & Trust Co.142 S.E.2d 99 (Ga. Ct. App. 1965)
  4. Stanley v. Ellis47 S.E.2d 776 (Ga. Ct. App. 1948)
  5. C. I. T. Corp. v. Smith193 S.E. 261 (Ga. Ct. App. 1937)
  6. Dasher v. International Harvester Co. of America155 S.E. 211 (Ga. Ct. App. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Grant v. Miller, 33 S.E. 671 (Ga. 1899) 18
Muse v. Wright & Co., 30 S.E. 662 (Ga. 1898) 12

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