Georgia Court of Appeals, 1913

Ware v. Chason

Georgia Court of Appeals · Decided November 25, 1913 · Russell

14 Ga. App. 47; 80 S.E. 21; 1913 Ga. App. LEXIS 401

Counsel

Bush & Stapleton, for plaintiff, cited: Civil Code, §§ 3222-3; Castlen v. Marshburn, 8 Ga. App. 400., T. S. Hawes, Erle M. Donalson, for defendant, cited: Civil Code, §§ 4125-6; Moss v. Sell, 8 Ga. App. 588; Erwin v. Harris, 87 Ga. 333 (2).

Opinion of the Court

Russell, C. J.

1, Under the ruling in Erwin v. Harris, 87 Ga. 333 (2), delivery of a shipment to a carrier, with a bill of lading to the order of the shipper, attached to a draft, does not constitute delivery to the consignee, but the carrier is an agent of the shipper, and title does not pass to the would-be purchaser. See, also, Moss v. Sell, 8 Ga. App. 588 (70 S. E. 18).

2. One who purchases personal property presumably upon his personal credit and financial standing, and not as a cash transaction, is not bound to accept the property when shipped with a draft attached to the bill of lading.

3. Under the pleadings and the testimony adduced in behalf of the plaintiff, the court,did not err in awarding a nonsuit. Judgment affirmed.

Bush & Stapleton, for plaintiff, cited: Civil Code, §§ 3222-3; Castlen v. Marshburn, 8 Ga. App. 400. T. S. Hawes, Erle M. Donalson, for defendant, cited: Civil Code, §§ 4125-6; Moss v. Sell, 8 Ga. App. 588; Erwin v. Harris, 87 Ga. 333 (2).

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