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Union Warehouse Co. v. Roper

Union Warehouse Company v. Roper

Union Warehouse Co. v. Roper, 94 S.E. 74 (Ga. Ct. App. 1917)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
November 1, 1917
Docket
No. 8773
Judges
Broyles, Harwell, Sloodworth
Citations
94 S.E. 7421 Ga. App. 1821917 Ga. App. LEXIS 513
Summary
Trover; from Worth superior court — Judge Eve. March 20, 1917.

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

Opinion of the Court — Broyles

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Broyles, P. J.

1. The exceptions pendente lite to the judgment overruling the demurrer to the petition and the motion to dismiss, not having been argued in the brief of counsel for the plaintiff in error, are treated as abandoned.

2. Under the facts of the case it was error for the court to charge the jury as follows: “A corporation acts by and through its officers; and with reference to' any notice that the plaintiff claims that the Union Warehouse Company had as to O. L. Deariso having conducted this business in the name of the Union Warehouse Company, you will look to the evidence and see if there is evidence that notice of this fact was brought to the attention of any officer of the Union Warehouse Company, if you should find, under the evidence in the case, that he was so conducting the business as the Union Warehouse. Company, or in the name of the Union Warehouse Company.” The court should have stated in this connection that the notice must have been received by some officer of the company who was authorized to act for it under such circumstances.

3. The following excerpt from the charge of the court was error: “The evidence showing that there had been a conversion made of the property, and that the defendant had not the property in possession,” etc. In this portion of the charge the judge clearly expressed his opinion that a conversion of the property had been shown by the evidence;, whereas that was one of the disputed questions in the case, and an issue of fact as well as of law. This charge therefore requires a new trial of the ease.

4. No other reversible error was committed upon the trial. Since a new trial is to occur, the question as to the sufficiency of the evidence to support the verdict is not passed upon.

Judgment reversed.

Sloodworth' and Harwell, JJ., concur.

How later courts describe this case

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

1925: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Rhodes v. Gunn128 S.E. 213 (Ga. Ct. App. 1925)

Most recent

  1. Rhodes v. Gunn128 S.E. 213 (Ga. Ct. App. 1925)

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