Supreme Court of Georgia, 1906

Hall v. Simmons

Supreme Court of Georgia · Decided July 3, 1906 · Cobb

125 Ga. 801; 54 S.E. 751; 1906 Ga. LEXIS 283

Cases that cite this one

20 later published cases cite this decision.

Berger v. Noble (Ga. Ct. App. 1950)
Georgia Casualty Co. v. McRitchie (Ga. Ct. App. 1932)
Dunlap-Huckabee Auto Co. v. Central Georgia Automotive Co. (Ga. Ct. App. 1924)
Mashburn v. Wright (Ga. Ct. App. 1992)
Marshall v. Universal CIT Credit Corp. (Ga. Ct. App. 1970)
CHARLES S. MARTIN DISTRIBUTING COMPANY, INC. v. Banks (Ga. Ct. App. 1965)
Charles S. Martin Distributing Co. v. Banks (Ga. Ct. App. 1965)
Browder v. Cox (Ga. Ct. App. 1951)
Noras v. McCord (Ga. Ct. App. 1938)
Ellis v. Rudeseal (Ga. Ct. App. 1937)
Croxton v. Barrow (Ga. Ct. App. 1937)
Bowman v. Chapman (Ga. 1934)
Livingston v. Epsten-Roberts Co. (Ga. Ct. App. 1934)
Underwood v. Underwood (Ga. Ct. App. 1931)
Williams v. McElroy (Ga. Ct. App. 1926)
Cox v. Fairbanks Co. (Ga. Ct. App. 1923)
Sims v. Nelson (Ga. Ct. App. 1923)
Lowe v. Bush (Ga. Ct. App. 1921)
Durham v. Crawford (Ga. 1943)
Bank of Adel v. Hutchinson (Ga. Ct. App. 1916)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Cobb, P. J.

1. While delivery is essential to the completion of a gift of personalty, actual manual delivery is not required. Constructive or symbolic delivery is sufficient under certain circumstances. When it appears that the donor has relinquished all dominion and control over the property as owner and parted absolutely with title, the mere fact that the donee allows possession to remain with the donor will not necessarily defeat the gift. Harrold v. Nicholson, 119 Ga. 458, and citations.

2. When in the trial of an action of trover it appears that prior to the institution of the suit the plaintiff had parted with the title to property involved, it is not erroneous to grant a nonsuit at the conclusion of the plaintiff’s evidence.

Judgment affirmed.

All the Justices concur, except Fish, G. J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.