Planters Warehouse v. Sims

*1. “An action of trover against the warehouseman, to recover the property represented by the receipt, is an appropriate remedy, where he fails or refuses, on demand, to deliver the property to the holder of the receipt.” Bank of Sparta v. Butts, 4 Ga. App. 308 (6) (61 S. E. 298).

2. Proof of failure to surrender the property on demand establishes a prima facie case of conversion.

3. No defense is established by showing that the property has not been applied to the defendant’s use; since any misfeasance amounting to an unauthorized use or disposition of the property or any portion thereof, or…