Kaufman v. Seaboard Air-Line Railway
Court of Appeals of Georgia
Trover; from city court of Atlanta — Judge Reid. Kaufman engaged Jones & Company to crate and pack his furniture and to ship it to him from Norfolk, Virginia, to Atlanta, Georgia. Jones & Company shipped the goods by the Seaboard Air-Line Railway, taking the bill of lading in their own names.
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Trover; from city court of Atlanta — Judge Reid. Kaufman engaged Jones & Company to crate and pack his furniture and to ship it to him from Norfolk, Virginia, to Atlanta, Georgia. Jones & Company shipped the goods by the Seaboard Air-Line Railway, taking the bill of lading in their own names. They attached this bill of lading to a draft for the amount which they claimed Kaufman owed them for their services in packing and crating the goods, and for freight charges paid by them on the shipment. When the, goods arrived in Atlanta, Kaufman demanded them of the railway company, but delivery was…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. “The gist of the action of trover is the conversion of the plaintiff’s property by the defendant, that is to say, that the defendant wrongfully deprived the plaintiff of possession.” Bell v. Ober, 111 Ga. 668, 672 (36 S. E. 904). That in the present case the railway company acquired possession of the goods lawfully is conceded ; the goods were delivered to it in regular course by the plaintiff’s own agents. However, a conversion may consist in retaining possession lawfully acquired after the right to retain it has ended; and this is what the plaintiff…
2Cases cited9 opinions
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Marshall v. LivingstonSupreme Court of Georgia · 1886
- Lauchheimer & Sons v. JacobsSupreme Court of Georgia · 1906
- Thomas v. PriceSupreme Court of Georgia · 1892
- Mallary Bros. & Co. v. MoonSupreme Court of Georgia · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Morse v. TurnerCourt of Appeals of Georgia · 1917
- Barfield Music House v. HarrisCourt of Appeals of Georgia · 1917
- Youngblood v. RuisCourt of Appeals of Georgia · 1957
- Atlantic Coast Line Railroad v. Gordon & Co.Court of Appeals of Georgia · 1912
- Pitts & Son Co. v. Bank of ShilohCourt of Appeals of Georgia · 1917
8 more not listed; retrieve them via the Exa API.