BEN HYMAN & CO., INC. v. Solow

Townsend, Judge.

1. “A petition in a suit in trover impliedly alleges the plaintiff’s damages in the amount of the value of the property sued for. Pitts & Son Co. v. Bank of Shiloh, 20 Ga. App. 143 (2) (92 S. E. 775). A plea denying generally the allegations of the petition is therefore a denial of the plaintiff’s right to recover in the amount sued for, and therefore necessarily presents an issue, not only as to the plaintiff’s right to recover, but as to the amount of the plaintiff’s damage.” So uthern Timber Co. v. Bland, 32 Ga. App. 658 (5) (124 S. E. 359).

2. It is error to dismiss the…