Supreme Court of Georgia, 1902

Baston v. Rabun

Supreme Court of Georgia · Decided March 15, 1902 · Fish

115 Ga. 378

Cases that cite this one

10 later published cases cite this decision.

Associates Discount Corp. v. Parlier (Ga. Ct. App. 1958)
Wood v. Sanders (Ga. Ct. App. 1952)
Buice v. Campbell (Ga. Ct. App. 1959)
Smith v. C. I. T. Corp. (Ga. 1938)
Carter v. Spiegel, May Stern Co. (Ga. Ct. App. 1932)
Jones v. Williams (Ga. Ct. App. 1930)
Barbour v. Day Co. (Ga. Ct. App. 1927)
Cox v. Fairbanks Co. (Ga. Ct. App. 1923)
Shore v. Brown (Ga. Ct. App. 1917)
Vaughn v. Wright (Ga. 1913)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Fish, J.

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 *379marketable condition said crops and to hold said crops subject to his order,” is, in legal contemplation, a bailee holding for the creditor’s benefit.

Trover. Before Judge Holden. Glascock superior court. April 8, 1901.

K. J. Hawkins, for plaintiff. B. F. Walker, for defendant.

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.

All the Justices concurring, except Lewis, J., absent.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.