98 Ga. 514 | Ga. | 1896
An attachment in favor of Bergan against Allen was-levied upon a barrel of whisky, a claim to which was interposed by Magnus & Company. The plaintiff’s theory was, that the whisky had been sold by the claimants to Allen, and that the title had passed into- the latter before the-attachment was levied. On the other hand, the contention of the claimants was, that under the terms of the contract between themselves and Allen, the sale had never become-complete, and that he had never acquired title. There was some question as to whether or not Allen had ever obtained possession of the whisky, the claimants insisting that they had exercised their right of stoppage in transitu, and the plaintiff denying that this was true. In the view we take of the case, however, this question is immaterial; for
Judgment affirmed.