Sargent v. Ramsey, 131 S.E. 185 (Ga. Ct. App. 1926). · Go Syfert
Sargent v. Ramsey, 131 S.E. 185 (Ga. Ct. App. 1926). Cases Citing This Book View Copy Cite
18 citation events across 1 distinct court.
Strongest positive: Upshaw v. Southern Wholesale Flooring Co. (gactapp, 1990-10-17)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) Upshaw v. Southern Wholesale Flooring Co.
Ga. Ct. App. · 1990 · confidence medium
Candler, Inc., 59 Ga. App. 587, 589 (1) ( 1 SE2d 693 ) (1939), aff’d 189 Ga. 250 ( 5 SE2d 739 ) (1939). “ ‘[E]ven though [one is] acting in the capacity of agent and for the sole benefit of his principal, he may nevertheless by express undertaking bind himself personally. [Cits.]’ [Cit.]” Davis v. Menefee, 34 Ga. App. 813, 814 (1) ( 131 SE 527 ) (1926).
discussed Cited as authority (rule) Brown-Wright Hotel Supply Corp. v. Bagen
Ga. Ct. App. · 1965 · confidence medium
See also: Wylly v. Collins, 9 Ga. 223, 239 ; Lippincott v. Behre, 122 Ga. 543 ( 50 SE 467 ); Willingham v. Glover, 28 Ga. App. 394, 396 (3) ( 111 SE 206 ); Davis v. Menefee, 34 Ga. App. 813, 814 (1) ( 131 SE 527 ); Ragsdale v. Duren, 100 Ga. App. 291, 293 ( 111 SE2d 144 ).
cited Cited as authority (rule) Troup County v. Henderson
Ga. Ct. App. · 1961 · confidence medium
Davis v. Menefee, 34 Ga. App. 813, 814 (2) ( 131 SE 527 ).
discussed Cited "see" Campbell v. Alford
Ga. Ct. App. · 1980 · signal: accord · confidence high
Accord, Davis v. Menefee, 34 Ga. App. 813 (1) ( 131 SE 527 ); Stripling v. Crisp County Lumber Co., 38 Ga. App. 224 (2) ( 143 SE 433 ); Washburn Storage Co. v. Elliott, 93 Ga. App. 456 (3) ( 92 SE2d 28 ).
Sargent
v.
Ramsey
16507.
Court of Appeals of Georgia.
Jan 16, 1926.
131 S.E. 185
Gilbert E. Johnson, Frederick A. Tuten, for plaintiffs in error., Eugene Pollard, contra.
Stephens.
Published
Stephens, J.

1. In a trover proceeding in which the plaintiff acquires possession of the property upon giving the required replevy bond, where the evidence authorizes the inference that the defendant had no right, title, or interest whatsoever in the property, a money verdict for the defendant is not as a matter of law demanded.

2. Upon the trial of such a suit against two defendants, where there was evidence that at the time of the seizure of the property it was in the possession of only one of them, and where the evidence authorized the inference that this defendant at the time held possession of the property solely as custodian for the levying officer of another court, to wit, the municipal court of Savannah, after an attachment had been levied upon the property, and there was no other evidence of right, title, or interest in the property in either of the defendants, the inference was authorized that neither of the defendants had any right, title, or interest whatsoever in the property other than that one of the defendants was bailee or custodian for the levying officer of the municipal court. It follows, therefore, that a money verdict found for the defendants against the plaintiff was not as a matter of law demanded; and it does not appear that the trial court erred in setting aside the verdict and granting a first new trial.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.