121 Ga. 305 | Ga. | 1904
In February, 1897, Holland & Company sold Anthony a boiler, taking his note for the purchase-price, and reserving title until the note was paid. In May, 1901, Anthony executed to the Washington Exchange Bank a bill of sale to the boiler, to secure an indebtedness due the bank by him. In December, 1902, Holland & Company sued Anthony in trover to recover the boiler, elected to take a money verdict, and obtained judgment in their favor. The fi. fa. issued upon the judgment was levied upon the boiler, and the bank filed a claim to the property. The jury found the property subject. The bank moved for a new trial, which was denied, and it excepted. The sole question presented for our decision arises out of the refusal of the trial court to admit evidence to the effect that in 1898, prior to the execution by Anthony of the bill of sale to the bank, the debt due for the purchase-price of the boiler had been fully discharged; that a member of the firm of Holland & Company had admitted the settlement, and that this admission had been communicated to an officer of the bank. It is contended by counsel for the defendant in error that all questions as to the existence of a valid debt by Anthony to Holland & Company were settled by the judgment in favor of that firm in the trover suit, and that the bank is concluded by-that judgment. On the other hand, it is urged that the bank, having, long before the institution of the proceedings in trover, secured whatever title Anthony had to the boiler, would not be estopped by a judgment rendered in a suit begun after its title had accrued; and that while it adopted everything antedating its purchase of the property, it would not be affected by any subsequent acts or omissions of its vendor. We are of the opinion that the latter view is correct, and that the exclusion of the evidence offered was error. If the bank had bought pending the suit in trover, it would of course have been concluded by the judgment therein rendered. Swift v. Dederick, 106 Ga. 35. Whatever title it had to the boiler, however, had accrued long before the institution of the suit by Holland & Com