Georgia Court of Appeals, 1912

Miller v. McKenzie

Miller v. McKenzie
Georgia Court of Appeals · Decided September 24, 1912 · Russell
11 Ga. App. 494; 75 S.E. 820; 1912 Ga. App. LEXIS 82

Miller v. McKenzie

Opinion of the Court

Russell, J.

The pledgee of collateral may maintain trover for its recovery. Citizens Banking Co. v. Peacock, 103 Ga. 171 (29 S. E. 752). Under the testimony offered in behalf of the plaintiff, the jury would have been authorized to find that the title to the certificates of stock sued for had never passed out of the plaintiff, and that the defendant was not a bona fide holder of the collateral. It was therefore error to award a nonsuit. Judgment reversed.

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