Legal Opinion

Tharp v. Anderson

Supreme Court of Georgia

Decided August 15, 1860PublishedCited by 4 opinions

Trover, in Heard Superior Court. Decision made by-Judge Hammond, at the March Term, i860. This was an action brought by the plaintiff against the defendant, to recover damages for the alleged conversion of a negro man slave named Jeff, of dark color, twenty years old, worth twelve hundred dollars, and worth, for hire, one hundred and fifty dollars per annum.

Read the full summary

Trover, in Heard Superior Court. Decision made by-Judge Hammond, at the March Term, i860. This was an action brought by the plaintiff against the defendant, to recover damages for the alleged conversion of a negro man slave named Jeff, of dark color, twenty years old, worth twelve hundred dollars, and worth, for hire, one hundred and fifty dollars per annum. The testimony on the trial disclosed the following state of facts, to wit: In the month of July, 1858, the defendant applied to one Joshua F. A. Tharp, who was at the time the superintendent of the business, plantation and hands of the…

1Opinion of the Court

By the Court.

Eyon, J.,

delivering the opinion.

The action of trover in this case was well brought. The defendant had wrongfully taken the negro, the property of plaintiff, and converted him to his use. ‘ For this trover lies. The redelivery of the negro to the plaintiff does not bar the action, but only goes in mitigation of damages. Butler, N. C., 44. So every unlawful taking, having the effect of altering the nature of the property, is a conversion. 2 Geo. and cam cited. Any use or disposition of a chattel, without the consent of the owner, and inconsistent with his right, is a conversion. 1…

2Cited by4 opinions

  1. Spiers v. HubbardCourt of Appeals of Georgia · 1913
  2. Scoggins v. General Finance & Thrift Corp.Court of Appeals of Georgia · 1950
  3. Dunlap-Huckabee Auto Co. v. Central Georgia Automotive Co.Court of Appeals of Georgia · 1924
  4. Savannah River Lumber Co. v. StricklandCourt of Appeals of Georgia · 1924

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API