Legal Opinion

Baston v. Rabun

Supreme Court of Georgia

Decided March 15, 1902PublishedCited by 12 opinions

Trover. Before Judge Holden. Glascock superior court. April 8, 1901.

1Opinion of the CourtFish, J.

1. An action of trover is not maintainable against a bailee of whom

no demand for the property was made before suit, unless it affirmatively appears that there was an actual conversion before the suit was brought. Loveless v. Fowler, 79 Ga. 134.

2. One who executes a bill of sale to specified crops for the purpose of securing a debt, and who, by the terms of the contract expressed in the bill of sale, undertakes, “ as agent for [the creditor] to protect, cultivate, and place in *379marketable condition said crops and to hold said crops subject to his order,” is, in legal contemplation, a bailee…

2Cases cited1 opinion

  1. Loveless v. FowlerSupreme Court of Georgia · 1887

3Cited by12 opinions

  1. Wood v. SandersCourt of Appeals of Georgia · 1952
  2. Carter v. Spiegel, May Stern Co.Court of Appeals of Georgia · 1932
  3. Shore v. BrownCourt of Appeals of Georgia · 1917
  4. Buice v. CampbellCourt of Appeals of Georgia · 1959
  5. Cox v. Fairbanks Co.Court of Appeals of Georgia · 1923

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