O.C.G.A. § 44-12-152 (2019)

Annotations

Law reviews. For comment on Rowland v. Gardner, 79

Ga. App. 153, 53 S.E.2d 198 (1949), see 12 Ga. B. J. 79 (1949).

JUDICIAL DECISIONS Applicability of section. - O.C.G.A. § 44-12-152 applies when the plaintiff elects under O.C.G.A. § 44-12-150 to demand a verdict for damages alone, where the proof shows a conversion, and where the plaintiff was the absolute owner of the property at the date of conversion. Dunn v. Young, 22 Ga. App. 17, 95 S.E. 374, 1918 Ga. App. LEXIS 107 (1918). Evidence regarding the original purchase is relevant for the jury to consider in arriving at their final figure. Hudson Properties, Inc. v. Citizens & S. Nat’l Bank, 168 Ga. App. 331, 308 S.E.2d 708, 1983 Ga. App. LEXIS 2765 (1983). Plaintiff may recover highest proven value between time of conversion and trial. Bedgood v. Karp’s UDrive-It Co., 80 Ga. App. 216, 55 S.E.2d 654, 1949 Ga. App. LEXIS 807 (1949). Plaintiff may recover full value of property at date of conversion. Rowland v. Gardner, 79 Ga. App. 153, 53 S.E.2d 198, 1949 Ga. App. LEXIS 605 (1949) (For comment, see 12 Ga. B.J. 79 (1949)). Recovery of both highest proved value and hire prohibited. - A plaintiff is not entitled to recover both the highest proved value at any time between the conversion and the trial and also hire. Hayes v. O’Shield Buick Co., 94 Ga. App. 177, 94 S.E.2d 44, 1956 Ga. App. LEXIS 498 (1956). Term “highest proved value” means the highest value which the jury, from a consideration of all the proof, may fix. Sammons v. Copeland, 85 Ga. App. 318, 69 S.E.2d 617, 1952 Ga. App. LEXIS 725 (1952). The term “highest proved value” does not mean the highest estimate given by any witness as to its value during that period. Elder v. Woodruff Hdwe. & Mfg. Co., 9 Ga. App. 484, 71 S.E. 806, 1911 Ga. App. LEXIS 194 (1911). “Time of the conversion” is the time when the defendant converted another’s property to own personal use. Woodham v.

Cash, 15 Ga. App. 674, 84 S.E. 142, 1915 Ga. App. LEXIS 34 (1915). It is competent to show quantity of plaintiff’s interest. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 660, 11 S.E.2d 839, 1940 Ga. App. LEXIS 520 (1940). Amount of damages depends upon extent of right of possession. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 660, 11 S.E.2d 839, 1940 Ga. App. LEXIS 520 (1940). Agreed price of sale is prima facie evidence of value of converted property. Young v. Durham, 15 Ga. App. 678, 84 S.E. 165, 1915 Ga. App. LEXIS 35 (1915). Corpse not subject to valuation. - In an action regarding the alleged removal of eye tissue from a corpse without permission, because plaintiff had no pecuniary interest in her husband’s corpse, the corneal tissue was not subject to valuation in the context of O.C.G.A. § 44-12-152. Bauer v. North Fulton Med. Ctr., Inc., 241 Ga. App. 568, 527 S.E.2d 240, 1999 Ga. App. LEXIS 1673 (1999). Recovery of money damages cannot exceed amount alleged as value of articles, without an amendment covering the excess. Sappington v. Rimes, 21 Ga. App. 810, 95 S.E. 316, 1918 Ga. App. LEXIS 539 (1918); Morris v. Sheppard, 22 Ga. App. 564, 96 S.E. 505, 1918 Ga. App. LEXIS 604 (1918). Measure of damages where property returned to owner prior to trial. - In an action for conversion, a party who had elected to sue for damages was entitled to recover for the diminution in value of the property only for the time period between the alleged conversion and the property’s return, where the property had been returned prior to trial. Campbell v. Bausch, 195 Ga. App. 791, 395 S.E.2d 267, 1990 Ga. App. LEXIS 718 (1990). Proper damages calculus was applied based on the highest value between a conversion of a bank’s security interest by a client of a securities broker and the trial since the bank did not regain the bank’s

collateral, regardless of whether the broker retained the property until the commencement of trial. Amegy Bank Nat’l Ass’n v. Deutsche Bank Alex.Brown, 619 Fed. Appx. 923, 2015 U.S. App. LEXIS 13965 (11th Cir. 2015). Measure of damage is value of special interest where the plaintiff has no title, only a special interest in the property. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 839, 11 S.E.2d 839 (1940). Value of personalty including stock shares were recoverable. - Trial court was authorized to award a wife cash and stock as proceeds after a cooperative converted to a publicly held company, as: (1) the wife was entitled to receive the value of the equity account for the years 1987 to 1993 as consideration for the relinquishment of the interest the wife held in the real estate; (2) such was consistent with the intent and spirit of the final decree; and (3) to rule otherwise would have left the wife with an illusory or meaningless asset. Cason v. Cason, 281 Ga. 296, 637 S.E.2d 716, 2006 Ga. LEXIS 974 (2006). Value to buyers when sellers resume operation of restaurants. - In an action by the buyer of a restaurant against the sellers, alleging trespass, conversion, and breach of contract when the sellers re-entered the premises three months after the sale, changed the locks, and began operating the restaurant as the sellers’ own, there was some evidence supporting the jury’s award of $360,675 damages to the buyer. Caldwell v. Church, 353 Ga. App. 141, 836 S.E.2d 594, 2019 Ga. App. LEXIS 647 (2019). If plaintiff’s property interest is less than that of absolute ownership, the measure of damages is the value of plaintiff’s interest therein. Horne v. Guiser Mfg. Co., 74 Ga. 790, 1885 Ga. LEXIS 399 (1885); Bradley v. Burkett, 82 Ga. 255, 11 S.E. 492, 1888 Ga. LEXIS 408 (1888); Holmes v. Langston & Woodson, 110 Ga. 861, 36 S.E. 251, 1900 Ga. LEXIS 649 (1900). One with qualified title recovers full value. - One having a right of pos-

session may sue a stranger or mere wrongdoer in trover, and recover the full value of the property, though one’s right of possession rests on only a qualified title. Chapes, Ltd. v. Anderson, 825 F.2d 357, 1987 U.S. App. LEXIS 11316 (11th Cir. 1987). Where title to property is held as security for debt, the plaintiff is entitled to recover only the amount of the debt. Elder v. Woodruff Hdwe. & Mfg. Co., 9 Ga. App. 484, 71 S.E. 806, 1911 Ga. App. LEXIS 194 (1911). Measure of damages where defendant recoups for conversion of property pledged to secure debt, in the absence of a special contract, is the actual value of the property at the time of the conversion with legal interest from the date of the conversion. Bennett v. Tucker & Pennington, 32 Ga. App. 288, 123 S.E. 165, 1924 Ga. App. LEXIS 356 (1924). Accounting for collateral prerequisite to recovery in conditional sale. - A conditional vendor, who has taken a note for the purchase price of the property, is not entitled to a money verdict unless the vendor has accounted for the note. Smith v. Commercial Credit Co., 28 Ga. App. 403, 111 S.E. 821, 1922 Ga. App. LEXIS 547 (1922); Williams v. C.C. Baggs Auto Co., 32 Ga. App. 253, 122 S.E. 805, 1924 Ga. App. LEXIS 347 (1924). Stipulation in bill of lading disallowed. - A carrier cannot invoke a stipulation in a bill of lading that in the event of loss, the measure of damages shall be the value of the property at the time and place of shipment. Merchants’ & Miners’ Transp. Co. v. Moore & Co., 124 Ga. 482, 52 S.E. 802, 1905 Ga. LEXIS 756 (1905). Interest erroneously awarded written off verdict. - Where the plaintiff is not entitled to interest as part of his damages, the judgment will be reversed unless the plaintiff writes it off from the verdict. Barnett & Co. v. Thompson, 37 Ga. 335, 1867 Ga. LEXIS 168 (1867).

RESEARCH REFERENCES Am. Jur. 2d. 18 Am. Jur. 2d, Conversion, § 138. C.J.S. 89 C.J.S., Trover and Conversion, § 136. ALR. Deductions on account of labor or expenditures in fixing damages for conversion, 44 A.L.R. 1321. Measure of damages for carrier’s conversion of goods, 56 A.L.R. 1171. Allowance as damages for conversion of commodities or chattels of fluctuating value, or increase in market value after the time of conversion, 87 A.L.R. 817. Rights of owner of stolen money as

against one who won it in gambling transaction from thief, 44 A.L.R.2d 1242. Measure of damages for conversion or loss of commercial paper, 85 A.L.R.2d 1349. Measure of damages for conversion of corporate stock or certificate, 31 A.L.R.3d 1286. Valuation of wearing apparel or household goods kept by owner for personal use, in action for loss or conversion of, or injury to, such property, 34 A.L.R.3d 816. Elements and measure of damages recoverable from bailee for loss, destruction, or conversion of personal papers, photographs, or paintings, 9 A.L.R.4th 1245.