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11 Ga. App. 494

Miller v. McKenzie

Court of Appeals of Georgia

Decided September 24, 1912

Court of Appeals of Georgia · decided 1912-09-24

<p>Trover; from city court of Ashburn — Judge Tipton. October 19, 1910.</p>

Cited by 3 later decisions — most recently June 1967

3 state decisions

Relies on Citizens Banking Co. v. Peacock & Carr

Good law ✅— No negative treatment on recordhow we know

Decided 1912-09-24

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Russell, J.

¶1The pledgee of collateral may maintain trover for its recovery. Citizens Banking Co. v. Peacock, 103 Ga. 171 (29 S. E. 752). Under the testimony offered in behalf of the plaintiff, the jury would have been authorized to find that the title to the certificates of stock sued for had never passed out of the plaintiff, and that the defendant was not a bona fide holder of the collateral. It was therefore error to award a nonsuit. Judgment reversed.

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