2020 Georgia Code
Title 44 - Property
Chapter 12 - Rights in Personalty
Article 4 - Trover
Part 1 - In General
§ 44-12-152. Determination of Value of Property

For personalty unlawfully detained, the plaintiff may recover a sum in the amount of the highest value which he is able to prove existed between the time of the conversion and the trial.

(Orig. Code 1863, § 3010; Code 1868, § 3022; Code 1873, § 3077; Code 1882, § 3077; Civil Code 1895, § 3917; Civil Code 1910, § 4514; Code 1933, § 107-103.)

- For comment on Rowland v. Gardner, 79 Ga. App. 153, 53 S.E.2d 198 (1949), see 12 Ga. B.J. 79 (1949).

JUDICIAL DECISIONS

Applicability of section.

- O.C.G.A. § 44-12-152 applies when the plaintiff elects under O.C.G.A. § 44-12-150 to demand a verdict for damages alone, where the proof shows a conversion, and where the plaintiff was the absolute owner of the property at the date of conversion. Dunn v. Young, 22 Ga. App. 17, 95 S.E. 374 (1918).

Evidence regarding the original purchase is relevant for the jury to consider in arriving at their final figure. Hudson Properties, Inc. v. Citizens & S. Nat'l Bank, 168 Ga. App. 331, 308 S.E.2d 708 (1983).

Plaintiff may recover highest proven value between time of conversion and trial. Bedgood v. Karp's U-Drive-It Co., 80 Ga. App. 216, 55 S.E.2d 654 (1949).

Plaintiff may recover full value of property at date of conversion. Rowland v. Gardner, 79 Ga. App. 153, 53 S.E.2d 198 (1949). For comment, see 12 Ga. B.J. 79 (1949).

- A plaintiff is not entitled to recover both the highest proved value at any time between the conversion and the trial and also hire. Hayes v. O'Shield Buick Co., 94 Ga. App. 177, 94 S.E.2d 44 (1956).

Term "highest proved value" means the highest value which the jury, from a consideration of all the proof, may fix. Sammons v. Copeland, 85 Ga. App. 318, 69 S.E.2d 617 (1952).

The term "highest proved value" does not mean the highest estimate given by any witness as to its value during that period. Elder v. Woodruff Hdwe. & Mfg. Co., 9 Ga. App. 484, 71 S.E. 806 (1911).

"Time of the conversion" is the time when the defendant converted another's property to own personal use. Woodham v. Cash, 15 Ga. App. 674, 84 S.E. 142 (1915).

It is competent to show quantity of plaintiff's interest. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 660, 11 S.E.2d 839 (1940).

Amount of damages depends upon extent of right of possession. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 660, 11 S.E.2d 839 (1940).

Agreed price of sale is prima facie evidence of value of converted property. Young v. Durham, 15 Ga. App. 678, 84 S.E. 165 (1915).

- In an action regarding the alleged removal of eye tissue from a corpse without permission, because plaintiff had no pecuniary interest in her husband's corpse, the corneal tissue was not subject to valuation in the context of O.C.G.A. § 44-12-152. Bauer v. North Fulton Med. Ctr., Inc., 241 Ga. App. 568, 527 S.E.2d 240 (1999).

Recovery of money damages cannot exceed amount alleged as value of articles, without an amendment covering the excess. Sappington v. Rimes, 21 Ga. App. 810, 95 S.E. 316 (1918); Morris v. Sheppard, 22 Ga. App. 564, 96 S.E. 505 (1918).

- In an action for conversion, a party who had elected to sue for damages was entitled to recover for the diminution in value of the property only for the time period between the alleged conversion and the property's return, where the property had been returned prior to trial. Campbell v. Bausch, 195 Ga. App. 791, 395 S.E.2d 267 (1990).

Proper damages calculus was applied based on the highest value between a conversion of a bank's security interest by a client of a securities broker and the trial since the bank did not regain the bank's collateral, regardless of whether the broker retained the property until the commencement of trial. Amegy Bank Nat'l Ass'n v. Deutsche Bank Alex.Brown, F.3d (11th Cir. Aug. 10, 2015)(Unpublished).

Measure of damage is value of special interest where the plaintiff has no title, only a special interest in the property. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 839, 11 S.E.2d 839 (1940).

- Trial court was authorized to award a wife cash and stock as proceeds after a cooperative converted to a publicly held company, as: (1) the wife was entitled to receive the value of the equity account for the years 1987 to 1993 as consideration for the relinquishment of the interest the wife held in the real estate; (2) such was consistent with the intent and spirit of the final decree; and (3) to rule otherwise would have left the wife with an illusory or meaningless asset. Cason v. Cason, 281 Ga. 296, 637 S.E.2d 716 (2006).

- In an action by the buyer of a restaurant against the sellers, alleging trespass, conversion, and breach of contract when the sellers re-entered the premises three months after the sale, changed the locks, and began operating the restaurant as the sellers' own, there was some evidence supporting the jury's award of $360,675 damages to the buyer. Caldwell v. Church, 353 Ga. App. 141, 836 S.E.2d 594 (2019).

If plaintiff's property interest is less than that of absolute ownership, the measure of damages is the value of plaintiff's interest therein. Horne v. Guiser Mfg. Co., 74 Ga. 790 (1885); Bradley v. Burkett, 82 Ga. 255, 11 S.E. 492 (1889); Holmes v. Langston & Woodson, 110 Ga. 861, 36 S.E. 251 (1900).

- One having a right of possession may sue a stranger or mere wrongdoer in trover, and recover the full value of the property, though one's right of possession rests on only a qualified title. Chapes, Ltd. v. Anderson, 825 F.2d 357 (11th Cir. 1987).

Where title to property is held as security for debt, the plaintiff is entitled to recover only the amount of the debt. Elder v. Woodruff Hdwe. & Mfg. Co., 9 Ga. App. 484, 71 S.E. 806 (1911).

Measure of damages where defendant recoups for conversion of property pledged to secure debt, in the absence of a special contract, is the actual value of the property at the time of the conversion with legal interest from the date of the conversion. Bennett v. Tucker & Pennington, 32 Ga. App. 288, 123 S.E. 165 (1924).

- A conditional vendor, who has taken a note for the purchase price of the property, is not entitled to a money verdict unless the vendor has accounted for the note. Smith v. Commercial Credit Co., 28 Ga. App. 403, 111 S.E. 821 (1922); Williams v. C.C. Baggs Auto Co., 32 Ga. App. 253, 122 S.E. 805 (1924).

- A carrier cannot invoke a stipulation in a bill of lading that in the event of loss, the measure of damages shall be the value of the property at the time and place of shipment. Merchants' & Miners' Transp. Co. v. Moore & Co., 124 Ga. 482, 52 S.E. 802 (1905).

- Where the plaintiff is not entitled to interest as part of his damages, the judgment will be reversed unless the plaintiff writes it off from the verdict. Barnett & Co. v. Thompson, 37 Ga. 335 (1867).

Cited in Bank of Blakely v. Cobb, 5 Ga. App. 289, 63 S.E. 24 (1908); Way v. Bailey, 18 Ga. App. 57, 88 S.E. 799 (1916); Knight v. Northey, 21 Ga. App. 46, 93 S.E. 535 (1917); Koplin v. Shartle Bros. Mach. Co., 150 Ga. 509, 104 S.E. 217 (1920); Smith v. Commercial Credit Co., 28 Ga. App. 403, 111 S.E. 821 (1922); Briscoe v. Pool, 50 Ga. App. 147, 177 S.E. 346 (1934); Cook v. Pollard, 50 Ga. App. 752, 179 S.E. 264 (1935); White v. Dalton, 55 Ga. App. 768, 191 S.E. 386 (1937); Sapp v. Howe, 79 Ga. App. 1, 52 S.E.2d 571 (1949); Taylor v. Gill Equip. Co., 87 Ga. App. 309, 73 S.E.2d 755 (1952); Sudderth v. National Lead Co., 272 F.2d 259 (5th Cir. 1959); United States v. Farmers Seed & Feed Co., 181 F. Supp. 475 (M.D. Ga. 1959); Ricketts v. Liberty Mut. Ins. Co., 127 Ga. App. 483, 194 S.E.2d 311 (1972); Miller v. Self, 137 Ga. App. 717, 224 S.E.2d 823 (1976); Rent-A-Tool Co. v. Jackson, 142 Ga. App. 781, 237 S.E.2d 14 (1977); Taylor v. Powertel, Inc., 250 Ga. App. 356, 551 S.E.2d 765 (2001); In re Estate of Tapley, 312 Ga. App. 234, 718 S.E.2d 92 (2011).