Baston v. Rabun
Baston v. Rabun
Opinion of the Court
1. An action of trover is not maintainable against a bailee of whom
no demand for the property was made before suit, unless it affirmatively appears that there was an actual conversion before the suit was brought. Loveless v. Fowler, 79 Ga. 134.
2. One who executes a bill of sale to specified crops for the purpose of securing a debt, and who, by the terms of the contract expressed in the bill of sale, undertakes, “ as agent for [the creditor] to protect, cultivate, and place in
3. There was in this case no proof of either a demand or of actual conversion before the trover suit was brought. The judgment of nonsuit was, therefore, right.
Judgment affirmed.
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