Legal Opinion

Shiver v. Bentley

Supreme Court of Georgia

Decided May 9, 1887PublishedCited by 1 opinion

Evidence. Before Judge Hansell. Brooks Superior Court. May Term, 1886. Jordan brought trover against Shiver to recover a horse. On the trial, it appeared that the plaintiff had swapped horses with the defendant, giving the horse sued for for a mare, and that he claimed to have been defrauded in the trade by misrepresentations as to the quality of the mare. The jury found for the plaintiff $125.00, or the horse and $40.00 damages.

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Evidence. Before Judge Hansell. Brooks Superior Court. May Term, 1886. Jordan brought trover against Shiver to recover a horse. On the trial, it appeared that the plaintiff had swapped horses with the defendant, giving the horse sued for for a mare, and that he claimed to have been defrauded in the trade by misrepresentations as to the quality of the mare. The jury found for the plaintiff $125.00, or the horse and $40.00 damages. The defendant moved for a new trial on. a number of grounds, among them being that the court admitted evidence to show'that the horse traded by the defendant to…

1Opinion of the Court

Bleckley, Chief Justice.

Jordan and Shiver exchanged horses. Very soon after the swap was consummated, Jordan applied for a recission, tendered back the horse he got, and demanded the one he gave. The reason he assigned for his dissatisfaction was that the horse tendered back would not work, and Shiver had represented that he would work, and knew he was wanted for that purpose. Shiver refused to rescind, held *538on to his new horse, and converted him to his own use. Jordan thereupon brought statutory complaint in the nature of trover, to recover the horse or its value. The jury found in his…

2Cases cited1 opinion

  1. Clarke & Wilson v. TrawickSupreme Court of Georgia · 1876

3Cited by1 opinion

  1. Wilkinson v. DavisCourt of Appeals of Georgia · 1979

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