Ayers v. Daly
Supreme Court of Georgia
Equity. Amendment. Statute of limitations.. Damages. Before Juilgé Hill. Bibb Superior Court. April Term, 1875, During October, 1864, and February, 1865, Daly deposited with Ayres certain goods which the latter was to sell on commission. They yielded over $ 12,000 00 in Confederate money. While some of this money was in hand, Ayres agreed with Daly to invest the same in cotton under shelter.
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Equity. Amendment. Statute of limitations.. Damages. Before Juilgé Hill. Bibb Superior Court. April Term, 1875, During October, 1864, and February, 1865, Daly deposited with Ayres certain goods which the latter was to sell on commission. They yielded over $ 12,000 00 in Confederate money. While some of this money was in hand, Ayres agreed with Daly to invest the same in cotton under shelter. This was a gratuitous undertaking for the accommodation of the bailor, and without compensation to the bailee. About the month of May, 1865, the parties had a settlement. Ayres rendered an account of…
1Opinion of the Court
Bleckley, Judge.
Bailment of goods to be sold, reception of the proceeds, and failure to pay them over, will constitute a complete cause of action. Gross negligence in executing a separate agreement to invest the proceeds of sale in cotton, and damage therefrom, will constitute another complete cause of action. Warranty, express or implied, as to the quality of cotton turned over in place of money retained or misappropriated, and .breach of such warranty, will constitute another complete 'Cause of action. The whole record, taken together, discloses ¡two bailments, and an intermediate agreement…
2Cited by2 opinions
- Anderson v. Pollard & Co.Supreme Court of Georgia · 1878
- Perseverance Mining Co. v. BisanerSupreme Court of Georgia · 1891