27 Ga. App. 57 | Ga. Ct. App. | 1921
The plaintiffs delivered to the defendant company cotton in the seed, for the purpose of having it ginned. After the cotton was ginned and the balé of lint cotton was rolled from the press to the platform, one of the plaintiffs went to find a buyer for the cotton, and when he returned the bale was gone. The plaintiffs brought this suit, an action of trover, and on the trial showed delivery to the defendant, title in themselves, the
The case of Legere v. Blakely Gin Co., 11 Ga. App. 325 (75 S. E. 163), is similar in many respects to this one, and we think the principle announced therein controls this case. In that case Chief Judge Hill said: “The undisputed evidence showed title to the bale of cotton in the plaintiff, and that its value was $35.75, and the plaintiff testified that he delivered this bale of cotton to the defendant, for the purpose of having it ginned; that after doing so and before this suit was filed, he demanded its return, and the defendant refused to deliver it to him. There was conflict in the evidence as to whether the cotton should be returned to the plaintiff when ginned and baled, or whether, when ginned and baled, the defendant fully performed the purpose of the bailment when it placed the cotton on the platform. The evidence also showed that the bailee not only refused, on demand, to deliver the cotton to the plaintiff, but refused to account for it to him. Hnder these facts we think a conversion by the defendant could be implied, and the bailor had the right to sue in trover on the contract of bailment and recover the market value of the property. Lightsey v. Lee, 8 Ga. App. 762 (70 S. E. 179); Wilson Coal & Lumber Co. v. Hall & Brown Woodworking Machine Co., 97 Ga. 330 (22 S. E. 530). In short, the plaintiff proved title, value, conversion, and demand and refusal before the suit was instituted. This was sufficient to make out his right to recover, in the absence of any defense. Pryor v. Brady, 115 Ga. 850 (42 S. E. 223). The defendant conceded all the elements of a trover suit except the fact of conversion; and, as stated, we think that a conversion could be implied, under the facts sworn to by the plaintiff. The action of trover is founded upon a concurrent right of property and possession, and any act of the defendant which negatives or is in
Judgment reversed.