13 Ga. App. 574 | Ga. Ct. App. | 1913
Clarke sued the Blakely Artesian lee Company in trover, alleging that the defendant was in possession of certain machinery used in connection with an ice plant sold by the Huson Ice and Coal Company to the Union Point Ice Company, to which the seller had reserved title; and that an obligation for a part of the purchase-money, containing a reservation of title to the property sued for, had been duly transferred from the Huson Ice and Coal Company to the plaintiff. The property was described in the petition as being, “all the iron machinery such as boilers, cans, piping, ammonia apparatus, etc., situated in the town of Blakely, along the line of the Central of Georgia right of way, and heretofore used by the defendant in the manufacture of ice; said machinery being the same machinery which was sold by the Huson Ice and Coal Company to the Union Point Ice Company and described in a written retainer-title note for the sum of $900.00, dated July 27, 1910, and payable January 1, 1911, to the Huson Ice and Coal Company, and signed by the Union Point Ice Company, by its president, and recorded in the office of the superior court of Greene county, on August 5, 1910, in Book 8, page 447.” The petition was' demurred to, on the ground that the property sued for was not sufficiently described, and that no copy of the instrument upon which the plaintiff relied in support of his title was attached to his petition. By amendment the plaintiff attached a document, dated July 22, 1910, reciting a promise to pay the Huson Ice and Coal Company the sum of $900 principal, together with interest, and attorney’s fees in case of collection by suit. The instrument further recited: “and to secure the payment of this note, I hereby mortgage and convey unto said payee, its successors and assigns, the following described property, to wit: For purchase-money on all the iron ice machinery, as boiler, cases, piping, ammonia apparatus, in pay or [?]' plant at Union Point, Ga.; this note being given for purchase-money of said machinery and title
From the evidence it appears that the Huson Ice and Coal Company was formerly the owner of the property sued for, and that it opened negotiations with the Union Point Ice Company for the sale of the property, and the following terms of sale were agreed upon: $10,000, one half of which was paid in capital stock of the Union Point Ice Company, the other half to be paid either in cash or in notes given for stock in that company. According to the testimony in behalf of the plaintiff, $4,100 was paid in this way, leaving a balance of $900 still due. Huson, one of the witnesses for the plaintiff, testified, that the Huson Ice and Coal Company was given a note for $900, which he thought was for the balance of the purchase-price due on the machinery; that this note was turned over to Carlton, the president of the Union Point Ice Company, and that the paper under which the plaintiff claimed title was given in renewal of this note. Clarke testified that he bought this renewal paper for value from Huson Ice and Coal Company before maturity, without notice of any defense of the Union Point Ice
Judgment reversed.