Seabolt v. Olvey

Court of Appeals of Georgia

Seabolt v. Olvey

90 S.E. 653, 18 Ga. App. 775, 1916 Ga. App. LEXIS 1263

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1916

Docket7610

StatusPublished

Cited by2 cases

This text of 90 S.E. 653 (Seabolt v. Olvey) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Seabolt v. Olvey, 90 S.E. 653, 18 Ga. App. 775, 1916 Ga. App. LEXIS 1263 (Ga. Ct. App. 1916).

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Opinion

Wade, C. J.

1. “One whose personal property has been wrongfully withheld or converted by another may proceed by trover to recover it, or he may waive the tort, adopt the transaction, and treat the wrongdoer as his debtor for the purchase-price.” Rowe v. Sam Weichselbaum Co., 3 Ga. App. 504 (2), 507 (60 S. E. 275). And this is true even where the taking of the property converted or withheld constitutes larceny. Where the owner elects to sue for the value of the property on an implied promise to pay, the action so brought is one arising ex contractu, and not ex delicto. Buchanan v. McClain, 110 Ga. 477 (3), 479 (35 S. E. 665). See also Florida Central Railroad Co. v. Cherokee Sawmill Co., 11 Ga. App. 278, 279 (75 S. E. 164).

2. There was evidence from which it might be inferred that the defendant wrongfully took possession of certain property belonging to the plaintiff, and converted it to his own use; and the judge of the superior court did not err in overruling and dismissing the certiorari.

Judgment affirmed.

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Wade, C. J.

1. “One whose personal property has been wrongfully withheld or converted by another may proceed by trover to recover it, or he may waive the tort, adopt the transaction, and treat the wrongdoer as his debtor for the purchase-price.” Rowe v. Sam Weichselbaum Co., 3 Ga. App. 504 (2), 507 (60 S. E. 275). And this is true even where the taking of the property converted or withheld constitutes larceny. Where the owner elects to sue for the value of the property on an implied promise to pay, the action so brought is one arising ex contractu, and not ex delicto. Buchanan v. McClain, 110 Ga. 477 (3), 479 (35 S. E. 665). See also Florida Central Railroad Co. v. Cherokee Sawmill Co., 11 Ga. App. 278, 279 (75 S. E. 164).

2. There was evidence from which it might be inferred that the defendant wrongfully took possession of certain property belonging to the plaintiff, and converted it to his own use; and the judge of the superior court did not err in overruling and dismissing the certiorari.

Judgment affirmed.

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Bluebook (online)

90 S.E. 653, 18 Ga. App. 775, 1916 Ga. App. LEXIS 1263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seabolt-v-olvey-gactapp-1916.

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