Legal Opinion

BEN HYMAN & COMPANY v. Solow

Court of Appeals of Georgia

Decided February 1, 1961No. 38577PublishedCited by 4 opinions

1Opinion of the Court

Jordan, Judge.

Conversion is the gist of trover. Southern Express Co. v. Sinclair, 130 Ga. 372 (60 S. E. 849). It must be shown to support a recovery. Raines v. Graham, 85 Ga. App. 815 (70 S. E. 2d 125). Where the defendant admits possession of the property in question at the time the suit is brought or there is proof of such possession, a demand and refusal to deliver constitutes a prima facie showing of conversion by the defendant, which stands unless overcome by other evidence. Mitchell & Co. v. A. C. L. R. Co., 34 Ga. App. 437, 440 (129 S. E. 901). Where, however, the defendant denies…

2Cases cited6 opinions

  1. Southern Express Co. v. SinclairSupreme Court of Georgia · 1908
  2. Wood v. FRANK GRAHAM COMPANYCourt of Appeals of Georgia · 1955
  3. Shore v. BrownCourt of Appeals of Georgia · 1917
  4. Raines v. GrahamCourt of Appeals of Georgia · 1952
  5. Allen v. FaderCourt of Appeals of Georgia · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McDaniel v. WhiteCourt of Appeals of Georgia · 1976
  2. Graham v. State Street Bank & Trust Co.Court of Appeals of Georgia · 1965
  3. National Bank v. Cut Rate Auto Service, Inc.Court of Appeals of Georgia · 1974
  4. Ward v. BengeCourt of Appeals of Georgia · 1964

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