87 Ga. 230 | Ga. | 1891
The Frick Company sold a saw-mill and saw to T. I). Terry and T. F. Abbott for $375.00, taking therefor seven promissory notes, in all of which it reserved title till such notes were paid. Five of these notes, for $50.00 each, were signed by both Terry and Abbott. The remaining two, one for $25.00, and the other for $100.00, were signed by Abbott alone. The testimony is conflicting as to whether Terry signed as surety for Abbott, or Abbott as surety for him. The five notes signed by both were paid by Terry before their maturity, and were transferred to him by the Frick Company, without recourse on it, or on the property for which they were given until after the company was paid in full. Whatever interest Terry had in the property was sold by him to the defendants below, Louis and M. M. Morton, and Terry also transferred to them the five notes above mentioned. The Mortons thereupon took possession of the property. The evidence tended to show, and the jury so found, that the Mortons, at the time they bought from Terry, knew that Abbott’s notes were still outstanding and unpaid, and that they contained a reservation of title in the Frick Company. There was no evidence at all as to the actual value of the property at the time of the trial. The plaintiff recovered from the Mortons the property itself and $100.00 for the hire thereof.
Judgment affirmed, with directions.