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Shearer v. Housch

Shearer v. Housch, 124 S.E. 356 (Ga. Ct. App. 1924)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 19, 1924
Docket
No. 15067
Judges
Stephens
Citations
124 S.E. 35632 Ga. App. 6631924 Ga. App. LEXIS 585

Opinion of the Court — Stephens

Text extracted by OCR from a scanned original; check the original for exact wording.

Stephens, J.

1. A recorded contract of sale retaining in the vendor the title to “one Hanson Six Touring Car, Motor No. 7 W 8225, Serial No. 1504,” does not constitute constructive notice of the retention of title to one Hanson Six Touring Car, Motor No. 82225, serial No. 1504, in the absence of any evidence otherwise indicating that the two descriptions applied to the same ear, and where it appears that the only method of distinguishing one Hanson Six Touring Car from another is by both the motor number and the serial number.

2. In a suit in trover, for the alleged conversion of “one Hanson Six Touring Car, Motor No. 7 W 8225, Serial No. 1504,” to which the plaintiff claimed title under a retention-of-title contract of sale, where the evidence showed that the car converted was in fact the ear sued for, being the ear bought by the defendant from the plaintiff’s vendee, but was one Hanson Six Touring car, Motor No. 82225 (not 7 W 8225), and serial No. 1504, the record of the contract did not constitute constructive notice to the defendant of the plaintiff’s retained title in the car; and there being no evidence otherwise that the defendant had notice of the plaintiff’s title, the direction of a verdict for the defendant was not error.

Judgment affirmed.

Jenkins, P. J., and Bell, J., coneu/r.

How later courts describe this case

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

1929: 11930: 11936: 11942: 11953: 11955: 119292026peak 1929 · 1

Relies on it most ⓘ

  1. Shephard v. Van Doren60 P.2d 635 (N.M. 1936)
  2. TRUSCO FINANCE COMPANY v. Childs75 S.E.2d 336 (Ga. Ct. App. 1953)
  3. Master Loan Service Inc. v. Maddox23 S.E.2d 179 (Ga. Ct. App. 1942)
  4. Pinson-Brunson Motor Co. v. Bank of Danielsville151 S.E. 549 (Ga. Ct. App. 1930)
  5. Goforth v. Scoggins89 S.E.2d 569 (Ga. Ct. App. 1955)
  6. In re Hartley29 F.2d 916 (M.D. Ga. 1929)

Most recent

  1. Goforth v. Scoggins89 S.E.2d 569 (Ga. Ct. App. 1955)
  2. TRUSCO FINANCE COMPANY v. Childs75 S.E.2d 336 (Ga. Ct. App. 1953)
  3. Master Loan Service Inc. v. Maddox23 S.E.2d 179 (Ga. Ct. App. 1942)
  4. Shephard v. Van Doren60 P.2d 635 (N.M. 1936)
  5. Pinson-Brunson Motor Co. v. Bank of Danielsville151 S.E. 549 (Ga. Ct. App. 1930)
  6. In re Hartley29 F.2d 916 (M.D. Ga. 1929)

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 0

No citations to other opinions in this database were found.

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