98 Ga. 394 | Ga. | 1896
The plaintiff's original declaration described the property sued for as “three thousand five hundred dollars lawful money of the United States.” This we held was too vague and indefinite in its description of tire property. (95 Ga. 670.) The plaintiff afterwards amended the declaration so as to describe the property as “lawful money of the United States, consisting of one hundred silver certificates of five dollars each, one hundred and fifty national bank notes, known as national currency, each for ten dollars, and seventy-five treasury notes of the United States, each for the sum of twenty dollars.” The declaration as amended was demurred to on the ground that the description of the property sued for was insufficient, and upon the ground that the amendment was not sworn to; and the court sustained the demurrer and dismissed the declaration.
We think the court erred in sustaining the demurrer. The description is sufficient to identify the property if found in the defendant’s possession. Each particular class of bills or notes is described, the denominations of each class are given, and the number of bills or notes of each denomination. If this description is not sufficient, it would be a rare case in which money could be recovered in an action of trover, for few people who handle money remember the particular bank which issued it or the number of each particular bill or note; indeed few persons ever look at the name of the bank or the number of the bill or
Judgment reversed.
