O.C.G.A. § 44-12-153 (2019)

Annotations

JUDICIAL DECISIONS Defendant has right to tender property at first term. Zachos v. Rowland, 80 Ga. App. 31, 55 S.E.2d 166, 1949 Ga. App. LEXIS 763 (1949). If defendant makes valid tender, defendant is entitled to be discharged and not subjected to a judgment for any sum, either hire, value, or costs. Harris v. Barry Fin. Co., 76 Ga. App. 663, 47 S.E.2d 201, 1948 Ga. App. LEXIS 436 (1948). Plaintiff’s recovery rights unrestricted by tender after first term. - A defendant in trover cannot, after the first term, by a tender of the property to the plaintiff, together with reasonable hire, restrict the plaintiff to the right to recover for the property alone and its hire, and thereby prevent the plaintiff from recovering a money verdict in the event it is established upon trial that there has

been a conversion. Hanner v. Trust Co., 49 Ga. App. 867, 176 S.E. 800, 1934 Ga. App. LEXIS 578 (1934). The plaintiff in a trover case, where the defendant does not at the first term tender the property to the plaintiff, has at his option the right to demand a verdict for the property alone, and its hire, if any, or for damages alone. White v. Dalton, 55 Ga. App. 768, 191 S.E. 386, 1937 Ga. App. LEXIS 494 (1937). An amendment after the first term, making a tender of the property, may be permitted, but it will not affect the payment of costs. Woodruff Mach. Mfg. Co. v. Griffin, 17 Ga. App. 529, 87 S.E. 808, 1916 Ga. App. LEXIS 755 (1916). Elements of damages. - Damages may consist of the highest proved value of the property between the date of the conversion and the date of the trial without

hire or interest, or the value of the property at the date of the conversion with interest thereon from that date to the date of the trial. White v. Dalton, 55 Ga. App. 768, 191 S.E. 386, 1937 Ga. App. LEXIS 494 (1937). Tender of hire unnecessary where unrequested. - In an action to recover a truck, it was not necessary for the defendant to tender reasonable hire for the truck since the date of the conversion in order to comply with requirements of O.C.G.A. § 44-12-153, since the plaintiff asked for no hire. Harris v. Barry Fin. Co., 76 Ga. App. 663, 47 S.E.2d 201, 1948 Ga. App. LEXIS 436 (1948). Tender of less than all of property is insufficient and will not prevent the plaintiff from proceeding with the action and electing a money verdict. Hogan v. Maxey, 121 Ga. App. 490, 174 S.E.2d 208, 1970 Ga. App. LEXIS 1263 (1970). The requirements of O.C.G.A. § 44-12153 cannot be taken as having been met when the alleged tender of the automobile consisted of an offer to return it stripped of various parts of the machinery with which it was equipped when received by the defendant, and likewise stripped of the various portions of the equipment

which had been substituted for the original equipment by the defendant mechanic. Chalker & Russell v. Savannah Motor Car Co., 37 Ga. App. 532, 140 S.E. 916, 1927 Ga. App. LEXIS 395 (1927). Tender of property during closing argument too late. - Where, during the argument of the case by the plaintiff’s counsel in conclusion, the defendant’s attorney tendered back to plaintiff the property involved for the purpose of mitigating the damages, the tender was too late. Dugas Corp. v. Georgia Power Co., 43 Ga. App. 536, 159 S.E. 592, 1931 Ga. App. LEXIS 451 (1931). Proof of demand and refusal to deliver unnecessary where defendant admitted possession in defendant’s answer and denied plaintiff’s right of possession, contending unconditionally that such right was solely in defendant. Smith v. C.I.T. Corp., 186 Ga. 199, 197 S.E. 322, 1938 Ga. LEXIS 586 (1938). Money verdict denied where answer meets O.C.G.A. § 44-12-153’s requirements. - Where an answer meets the requirements of O.C.G.A. § 44-12153, the plaintiff cannot have a money verdict for the value of the property. Trammell v. Mallory Bros. & Co., 115 Ga. 748, 42 S.E. 62, 1902 Ga. LEXIS 563 (1902).

RESEARCH REFERENCES Am. Jur. 2d. 18 Am. Jur. 2d, Conversion, § 93. C.J.S. 89 C.J.S., Trover and Conversion, § 186.

ALR. Mere detention of or failure to deliver chattels after demand as conversion, 129 A.L.R. 638.