20 Ga. App. 143 | Ga. Ct. App. | 1917
The Bank of Shiloh brought suit against I. H. Pitts & Son Company, alleging that said firm was in possession of three bales of cotton, good' middling, weighing in the aggregate 1,625 pounds, which belonged to the'plaintiff and was worth $195; ■ that demand had been made on the defendant for the possession of .the said property, and that the plaintiff had tendered to the defendant all warehouse charges and insurance due for the storage and insurance of the said cotton, and that the defendant refused to deliver the property. The prayer of the petition was that “process may issue, requiring the said I. H. Pitts & Son Co. to be and appear at the next term of said court to answer this complaint.” The defendant in its plea admitted that demand had been made as alleged, and that it refused to deliver, the property to the plaintiff; and denied that title to the property was in the plaintiff; denied that it was in possession of said property, and denied that the cotton was worth $195. The evidence showed that G. M. Allen had delivered to I. H. Pitts & Son Company, warehousemen, three bales of'cotton, for which ho received “tickets,” one for a bale weighing 550 pounds, and one for a bale weighing 525 pounds, each dated October 15, 1914, and the third ticket, dated 19/21/14 (evidently intended for 10/21/14), for a bale weighing 550 pounds, and that these tickets were deposited as collateral with the Bank of Shiloh. One of the witnesses swore: “Two of the cotton samples Mr. Allen brought to the Bank of Shiloh, the receipt for which being dated 10/15/1914, were good middling 4’s, the other bale was a 5.” The only evidence as to the value of the cotton was that of a witness who swore that “good middling cotton, or 4’s, is worth to day 17 3/8, and 5’s is 1/4 less,—17 1/8.” There was no amendment to the petition. The trial resulted in a verdict for $280.97. Defendant moved for a new trial.
■ In this ruling there is no conflict with those decisions which hold generally that a recovery can be .had for the highest proved value between the date of the conversion and the date of the trial. As an abstract principle this is true, but it must be applied within the limitations of the pleadings. “A plaintiff can not recover an amount larger than is claimed in his declaration, although the evidence shows that a larger amount is due.” Hunnicutt v. Perot, 100 Ga. 312 (27 S. E. 787); S. A. L. Ry. v. Christian, 115 Ga. 742-3 (42 S. E. 66). As illustrative of the above principle see Bank of Blakely v. Cobb, 5 Ga. App. 289 (63 S. E. 24); Bradley
Judgment affirmed with direction.