Legal Opinion

Macon, Dublin & Savannah Railroad v. Heard Bros.

Court of Appeals of Georgia

Decided September 27, 1921No. 12005PublishedCited by 6 opinions

Trover; from city court of Macon- — Judge Gunn. November 10, 1930.

1Opinion of the CourtStephens, J.

1. A bailee for hire has such title and right of possession as will authorize it to maintain a suit in trover. Civil Code, (1910), §§ 3468, 4482; McWhorter v. Moore, 7 Ga. App. 439 (67 S. E. 115).

2. While it is a conversion of personal property for one in possession, without' title, to sell the property and receive the proceeds (Branch v. Planters Loan & Savings Bank, 75 Ga. 342), although the one in possession was an innocent purchaser from one with no authority to sell from the true owner, yet where the true owner lost possession of the property through the negligent and fraudulent acts of…

2Cases cited2 opinions

  1. Branch v. Planters' Loan & Savings BankSupreme Court of Georgia · 1886
  2. McWhorter & Armor v. MooreCourt of Appeals of Georgia · 1910

3Cited by6 opinions

  1. SOUTHERN DISCOUNT COMPANY v. ElliottCourt of Appeals of Georgia · 1952
  2. Briscoe v. PoolCourt of Appeals of Georgia · 1934
  3. Berger v. NobleCourt of Appeals of Georgia · 1950
  4. Fowler v. KragelCourt of Appeals of Georgia · 1956
  5. Sparks v. Bank of GeorgiaCourt of Appeals of Georgia · 1964

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