22 S.E.2d 766 | Ga. Ct. App. | 1942
The verdict was authorized by the evidence, and the court did not err in overruling the motion for new trial.
The plaintiff in error contends that the amount of the verdict was in excess of what the plaintiff was entitled to recover. It appears *336 from the evidence that the automobile in question was purchased by the plaintiff from the defendant, under a retention-title contract, in July, 1940, and that it was damaged or wrecked by the husband of the plaintiff on February 14, 1941, and was on that date placed in a garage by the plaintiff for repairs. On May 15th thereafter, the defendant, without permission or authority from the plaintiff, removed the automobile from the garage and took possession of it. The plaintiff testified that the value of the automobile at the time it was taken possession of by the defendant was $700, and that the reasonable hire thereof was $25 per month; that the face value of it was $880 (meaning the purchase price). Joe Douglas, an officer of the defendant company, testified that the plaintiff owed a balance of $533.38 on the automobile when the defendant took it out of the garage and took possession of it, and that she had made eight payments of $27.08 each on the purchase price of the automobile. He also testified that the balance due at the time the defendant took the car included interest on the remaining deferred payments, insurance, and carrying charges, and that "She didn't actually owe $535; taken in consideration of rebate it would be a little less than that — I would say approximately $35 to $50, not over $50, rebate."
Where the vendor of personal property to which title is retained until it is paid for in full wrongfully deprives the vendee of possession, the vendor is guilty of conversion, and the vendee may maintain an action of trover against the vendor for the property. White v. Dodson,
Also, the amount of the verdict can be sustained under another view of the evidence. There was evidence by the defendant to the effect that the plaintiff did not actually owe $533.38 on the car at the time of the conversion, but said amount included interest on the deferred payments, insurance, and carrying charges; and, taking into consideration the rebate, it would be as much as $50 less than $533.38. It will be seen that if $50 is deducted from $533.38, it will leave $483.38, and the jury could have found, under the evidence, that this was the balance due by the plaintiff to the defendant at the date of the conversion of the automobile. The $483.38 deducted from the value of the car, $700, leaves $216.62, *338
which is just ten cents less than the amount of the verdict. "Verdicts shall have a reasonable intendment, and shall receive a reasonable construction, and shall not be avoided unless from necessity." Code § 110-105. The presumptions are in favor of the validity of the verdict of a jury, and the verdict should be construed so as to stand, if practicable. See Beaver v.Magid,
Judgment affirmed. Stephens, P. J., and Felton, J., concur.