Legal Opinion

Phillips v. Brigham, Kelly & Co.

Supreme Court of Georgia

Decided January 15, 1859PublishedCited by 18 opinions

Trover, in Chatham Superior Court. Decisisn by Judge Fleming, at January Term, 1858. This was an action of trover, for the recovery of 110 bales of cotton, which the declaration alleges was the property of plaintiffs, and which the defendants,, the owners of the steamboat, the Charles Hartridge, “ had found and converted,” &c.

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Trover, in Chatham Superior Court. Decisisn by Judge Fleming, at January Term, 1858. This was an action of trover, for the recovery of 110 bales of cotton, which the declaration alleges was the property of plaintiffs, and which the defendants,, the owners of the steamboat, the Charles Hartridge, “ had found and converted,” &c. The facts of the case were about as follows: These 110 bales of cotton were lying at plaintiffs’ landing on the Ocmulgee river, in the county of Pulaski, hauled therefor the purpose of being shipped to Savannah. The captain of the steamboat, in going up the river for…

1Opinion of the Court

*619 By the Court.

Benning J.

delivering the opinion.

Was the nonsuit right?

It was put upon the ground, that not trover, but case, was the remedy.

[1.] It is wrong to award a nonsuit, if the evidence is sufficient to authorize the jury to find for the plaintiff, although it may not be sufficient to require them to do so.

If there was a conversion of the cotton, trover was the proper remedy. This may be assumed. Of course, if trover was the proper remedy, the nonsuit was wrong.

It follows, that if the evidence was sufficient to authorize the jury to find that there was a conversion, the nonsuit was…

2Cases cited2 opinions

  1. Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
  2. Seymore v. HowardSupreme Court of Georgia · 1854

3Cited by18 opinions

  1. Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
  2. The IndrapuraDistrict Court, D. Oregon · 1909
  3. Blakely Hardwood Lumber Co. v. Reynolds Bros. Lumber Co.Supreme Court of Georgia · 1931
  4. Sidney Blumenthal & Co. v. United StatesCourt of Appeals for the Second Circuit · 1929
  5. Carroll v. CrawfordSupreme Court of Georgia · 1963

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