24 Ga. App. 416 | Ga. Ct. App. | 1919
1. The seller of porsonal property on a credit may take a note for the purchase-price and retain, as security for the debt, .a legal title to the property so sold, and in the same instrument, to better secure the debt, title to other personal property may be passed by the purchaser, and, where the note is not paid when due, the seller may recover the property in trover. When the vendor elects to take a money verdict the purchaser of course is entitled to credit for such sums of money as may have been paid upon the note. See Scott v. Glover, 7 Ga. App. 182 (66 S. E. 380).
2. The instrument whereby title to property sold was retained, and title to other property as additional security was conveyed in this case, was not a mortgage, but was, as properly construed by the court, a conveyance carrying title for the security of a debt. See Ellison v. Wilson, 7 Ga. App. 214 (66 S. E. 631).
3. The court did not err in admitting evidence, as between the parties, for the purpose of identifying the animal described in the bill of sale. See Emerson v. Knight, 130 Ga. 100 (60 S. E. 255); Thomas Furniture Co. v. T. & C. Furniture Co., 120 Ga. 879 (48 S. E. 333); Reynolds v. Jones, 7 Ga. App. 123 (66 S. E. 395). Such testimony did not vary the terms or render conditional the unconditional promise to pay.
4. The court did not err in excluding from the consideration of the jury testimony of the defendant Arnold with reference to the transaction had with Booth in the present case, which was proceeding in the name of the representative of the estate of Booth. Sec Dowdy v. Watson, 115 Ga. 47 (41 S. E. 266).
5. The newly discovered evidence, which was cumulative and impeaching in its character-, and in addition thereto was contradicted by the counter-showing made by the plaintiff, does not require a new trial.
6. The charge of the court was full and fair and the verdict was authorized by the evidence. Eor no reason assigned did the court err in overruling the motion for a new trial.
•Judgment affirmed.