Legal Opinion

Sheldon v. Southern Express Co.

Supreme Court of Georgia

Decided January 15, 1873PublishedCited by 5 opinions

Bailment. Evidence. Before Judge ScpieEY. Chatham Superior Court. May Term, 1872. Sheldon brought suit against the Southern Express Company for the value of a promissory note, dated January 4th, 1868, due January 1st, 1870, for the sum of $1,250 00 in gold, with interest thereon at ten per cent, from date, signed by C. S. Bennett, which note he alleged that he delivered to the defendant at Savannah, Georgia, on December 6th, 1869, to be conveyed to Columbia, Texas, there to…

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Bailment. Evidence. Before Judge ScpieEY. Chatham Superior Court. May Term, 1872. Sheldon brought suit against the Southern Express Company for the value of a promissory note, dated January 4th, 1868, due January 1st, 1870, for the sum of $1,250 00 in gold, with interest thereon at ten per cent, from date, signed by C. S. Bennett, which note he alleged that he delivered to the defendant at Savannah, Georgia, on December 6th, 1869, to be conveyed to Columbia, Texas, there to be collected and the proceeds to be returned to him at Savannah. He further alleged that the defendant has neither…

1Opinion of the Court

Trippe, Judge.

1. The general rule in an action of trover, as to the measure ' of damages, is the value of the property wrongfully taken or converted; and this is so, whether the action be brought by the general or absolute owner, or by one who has a special property or interest in the thing, such as a bailee, pawnee, étc. Of this latter class, is one who holds the property as collateral security for a debt due from the bailor. The reason why the bailee in such a case as last stated, is allowed to recover the whole amount of the value of the thing pledged, is, because if the whole value is not…

2Cases cited1 opinion

  1. Anthony v. GilbertIndiana Supreme Court · 1837

3Cited by5 opinions

  1. Watson v. Stockton Morris Plan Co.California Court of Appeal · 1939
  2. California Cured Fruit Ass'n v. AinsworthCalifornia Supreme Court · 1901
  3. Blandford & Thornton v. McGeheeSupreme Court of Georgia · 1880
  4. Cramer v. MarshColorado Court of Appeals · 1894
  5. Cramer v. MarshColorado Court of Appeals · 1894

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