Stanley v. Ellis

The defendant urges that the court erred in overruling his motion for a new trial, since the plaintiff made no demand on him for the automobile. In his answer, the defendant admitted possession of the automobile. “In a trover case, demand and refusal are necessary only as evidence of conversion, and need not be proved where conversion is otherwise shown.” Hicks v. Moyer, 10 Ga. App. 488 (4) (73 S. E. 754); Merchants & Miners Transportation Co. v. Moore, 124 Ga. 482 (52 S. E. 802); Securities Trust Co. v. Marshall, 30 Ga. App. 379 (118 S. E. 478). And it is not necessary to prove conversion'…