Intent.

- The purpose of O.C.G.A. § 44-14-325 is not to lessen the power of assignment, but to broaden it, so as to do away with, as much as possible, the formality of transfers of lien notes. Setze v. First Nat'l Bank, 140 Ga. 603, 79 S.E. 540 (1913).

O.C.G.A. § 44-14-325 applies where transfer is by endorsement of note "without recourse." Berry v. Van Hise, 148 Ga. 27, 95 S.E. 690 (1918); Jordan Mercantile Co. v. Brooks, 149 Ga. 157, 99 S.E. 289 (1919). But see West Yellow Pine Co. v. Kendrick, 9 Ga. App. 350, 71 S.E. 504 (1911).

Assignee of purchase money note may recover personalty where note provides title.

- Where one sells personal property, taking a purchase money note in which title to the property is reserved until the note is paid, the transfer or assignment of the note transfers or assigns the right to recover the property in an action of trover upon failure of the maker of the note to pay the same, provides that title is retained through the purchase money note; and this is true whether the transfer makes reference to the property to which title is reserved or not, and or whether some or all of the transfers are made "without recourse" on the transferor. Jordan Mercantile Co. v. Brooks, 149 Ga. 157, 99 S.E. 289 (1919).

What purchase money notes not contemplated by section.

- O.C.G.A. § 44-14-325 does not contemplate purchase money notes in connection with which there is a contract reserving title, or a bond to convey title on payment of the purchase money. Berry v. Van Hise, 148 Ga. 27, 95 S.E. 690 (1918). But see West Yellow Pine Co. v. Kendrick, 9 Ga. App. 350, 71 S.E. 504 (1911).

Owner of title through conveyance of security deed has power equal to grantee.

- Where one becomes owner of title conveyed by security deed and of indebtedness secured thereby, and power of sale not expressed in deed as limited to grantee, but having been conferred upon grantee or "assigns," that person is entitled to exercise the power to the same extent as the grantee. Universal Chain Theatrical Enters., Inc. v. Oldknow, 176 Ga. 472, 168 S.E. 239 (1933).

Necessary elements for joint payee request.

- Where a joint payee request does not identify the escrow account and does not contain words showing any intent to make an assignment; i.e., does not contain words seeking to pass title in the escrow fund, then that request does not constitute an assignment of a contractor's interest in the escrow account. Washington Loan & Banking Co. v. Guin, 236 Ga. 779, 225 S.E.2d 318 (1976).

Simple endorsement of mortgage note, payable to order, is sufficient under O.C.G.A. § 44-14-325. Setze v. First Nat'l Bank, 140 Ga. 603, 79 S.E. 540 (1913); Beall v. Patterson, 146 Ga. 233, 91 S.E. 71 (1916); Patillo v. Hallet & Davis Piano Co., 26 Ga. App. 327, 106 S.E. 206 (1921).

Note transfers must be in writing. Gamble v. Shingler, 22 Ga. App. 608, 96 S.E. 705 (1918).

For example of O.C.G.A. § 44-14-325 as applied to landlord's lien and rent note, see I.M. Scott & Co. v. Ward, 23 Ga. App. 416, 98 S.E. 412 (1919), cert. denied, 23 Ga. App. 813 (1919); International Agric. Corp. v. Powell, 31 Ga. App. 348, 120 S.E. 668 (1923).

For example of O.C.G.A. § 44-14-325 as applied to bill of sale used as security, see Dawson v. English, 8 Ga. App. 585, 69 S.E. 1133 (1911).

Cited in Edwards v. Decatur Bank & Trust Co., 176 Ga. 194, 167 S.E. 292 (1932); Redwine v. Frizzell, 184 Ga. 230, 190 S.E. 789 (1937); Veal v. Jenkins, 58 Ga. App. 4, 197 S.E. 328 (1938); Alropa Corp. v. Richardson, 58 Ga. App. 656, 199 S.E. 666 (1938); Miller v. New Amsterdam Cas. Co., 105 Ga. App. 174, 123 S.E.2d 717 (1961).

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assignments, § 50.

C.J.S.

- 53 C.J.S., Liens, § 15.