Thompson v. Harris

Court of Appeals of Georgia

Thompson v. Harris

66 S.E. 629, 7 Ga. App. 212, 1909 Ga. App. LEXIS 596

CourtCourt of Appeals of Georgia

DecidedDecember 24, 1909

Docket1810

StatusPublished

Cited by3 cases

This text of 66 S.E. 629 (Thompson v. Harris) 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

Thompson v. Harris, 66 S.E. 629, 7 Ga. App. 212, 1909 Ga. App. LEXIS 596 (Ga. Ct. App. 1909).

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Opinion

Hill, C. J.

1. Where one member of a copartnership converts to its use personal property of a third person, the owner has a right of action, at his option, against the copartnership, or against the individual partner guilty of the act of conversion, to recover the property so converted, or its proved value. Civil Code, §§2657, 2658; Cunningham v. Woodbridge, 76 Ga. 302; Cheney v. Powell, 88 Ga. 634 (15 S. E. 750).

2. The undisputed evidence showing that the personal property of the plaintiff had been converted to the use and benefit of the partnership by the individual member who was sued, a verdict directed in favor of the defendant was without evidence to support it, and was contrary to law.

Judgment reversed.

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Hill, C. J.

1. Where one member of a copartnership converts to its use personal property of a third person, the owner has a right of action, at his option, against the copartnership, or against the individual partner guilty of the act of conversion, to recover the property so converted, or its proved value. Civil Code, §§2657, 2658; Cunningham v. Woodbridge, 76 Ga. 302; Cheney v. Powell, 88 Ga. 634 (15 S. E. 750).

2. The undisputed evidence showing that the personal property of the plaintiff had been converted to the use and benefit of the partnership by the individual member who was sued, a verdict directed in favor of the defendant was without evidence to support it, and was contrary to law.

Judgment reversed.

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Bluebook (online)

66 S.E. 629, 7 Ga. App. 212, 1909 Ga. App. LEXIS 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-harris-gactapp-1909.

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