49 Ga. App. 171 | Ga. Ct. App. | 1934
N. H. Bulloch sued George Hutcheson for the sum of $400. The petition alleged: that during the year 1927
The evidence introduced by the plaintiff showed that the tractor was loaned to the defendant in 1924 or early in 1925, with a promise by the defendant to take “good care of it and bring it back in same shape he got it.” Defendant still has the tractor, and some time thereafter told plaintiff that he had to spend $57 thereon in repairs. He also told plaintiff: “It is under the shelter. Í am taking good care of it; it is not injured; if you would just as soon, we’ll let it stay down there until I can have a convenient way to send it back. I can’t drive it.” Defendant stated that the tractor was not in his, the defendant’s, way, and he would not charge for storage. “I told him to send it back as soon as he could, and he said he would.” He repeated similar promises at intervals, but has never returned it. “I don’t know where the tractor is now, the last time I saw it, it was over there close to Mr. Hutcheson’s aviation field, on the side of the ditch.” There was other evidence in the case which is not material here, but there was no evidence as to the value of the tractor at the time of suit, nor was there any evidence as to the extent of the damage by reason of its use or the alleged failure of the defendant to preserve and protect it from the elements.
If this were a suit for conversion, the measure of damages would
In Blount v. Beall, 95 Ga. 182 (22 S. E. 52), it appears that a ring was pledged in 1879 by a sister to a brother, for the payment of a loan. The loan was repaid in a short time, but the ring was not returned when demanded, but continued promises to return were made. In 1890 the pledgee admitted that he had lost the ring and promised to pay $500 therefor. In the decision it was said: “The statute of limitations does not begin to run in favor of a bailee un
Judgment affirmed,, with direction.