Smith v. State Farm Mutual Automobile Insurance
Smith v. State Farm Mutual Automobile Insurance
Opinion of the Court
The plaintiff sought to introduce a bill of sale on the automobile in question executed to it by J. 0. Wallace. However, the court excluded this document from evidence because of insufficient description of the automobile contained therein. The only evidence dealing with the transaction between the plaintiff insurance company and Wallace was his testimony that he sold the automobile to the insurance company for $1,800.
The principal issue in a trover action is one of title, possession at the time of conversion, or right of immediate possession. Livingston v. Epsten-Roberts Co., 50 Ga. App. 25 (1) (177 S. E. 79); Page v. Moxley, 28 Ga. App. 620 (112 S. E. 731). In the instant case the plaintiff did not show title to the property sued for by virtue of a valid written bill of sale. The owner, Wallace, did not have possession of or dominion over the property, and
Upon direction the jury returned a verdict for “$1,800 as principal and the sum of $267.75 as interest.” This verdict is too uncertain to be upheld, because it is not apparent whether the verdict represents damages with interest or highest proved value of the property plus interest. Drury v. Holmes, 145 Ga. 558 (89 S. E. 487); Beavers v. Magid, 56 Ga. App. 272 (192 S. E. 497).
The court erred in directing a verdict for the plaintiff and in denying the motion for new trial.
Judgments reversed.
Reference
- Full Case Name
- SMITH v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
- Cited By
- 2 cases
- Status
- Published