Bell v. G. Ober & Sons Co.
Supreme Court of Georgia
Bail-trover. Before Judge Bower. Decatur superior court. January term, 1894. On February 16, 1891, suit was brought against Bell for 7,590 pounds of lint-cotton of the alleged value of $664.12, further alleged to have been collected by him for plaintiff', on notes entrusted to him for that purpose; and for certain notes taken by him for sales of plaintiff’s fertilizers, and entrusted to him by plaintiff* for collection. It does not appear what plea he filed.
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Bail-trover. Before Judge Bower. Decatur superior court. January term, 1894. On February 16, 1891, suit was brought against Bell for 7,590 pounds of lint-cotton of the alleged value of $664.12, further alleged to have been collected by him for plaintiff', on notes entrusted to him for that purpose; and for certain notes taken by him for sales of plaintiff’s fertilizers, and entrusted to him by plaintiff* for collection. It does not appear what plea he filed. At the trial he yielded all question as to the title to the notes, and under the evidence and his admissions, the jury were instructed…
1Opinion of the Court
Lumpkin, Justice.
The official report sets forth a statement of so much of the record as is necessary to an understanding of the following discussion.
1. The case was tried in the court below upon a wrong theory. An essential element in measuring the damages was the value of middling cotton at the time the defendant’s note became due, which was November 1st, 1890. Code, §2774. A creditor’s recovery from his debtor in an action of trover for converting collaterals cannot exceed the amount of the debt with legal interest. Section 3077 of the code, which declares that in estimating the value of…
2Cases cited3 opinions
- Bradley v. BurkettSupreme Court of Georgia · 1889
- Clark v. BellSupreme Court of Georgia · 1878
- Horne v. Guiser Manufacturing Co.Supreme Court of Georgia · 1885
3Cited by11 opinions
- Sides v. Cabarrus Memorial Hospital, Inc.Supreme Court of North Carolina · 1975
- Elder v. Woodruff Hardware & Manufacturing Co.Court of Appeals of Georgia · 1911
- Rose City Foods Inc. v. Bank of Thomas CountySupreme Court of Georgia · 1950
- Brooke v. LoweSupreme Court of Georgia · 1905
- Atlantic Coast Line Railroad v. Gordon & Co.Court of Appeals of Georgia · 1912
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