Herndon v. Chamberlin
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
“In an action for tlie recovery of damages on account of a conversion, proof of a demand and a refusal is only required as evidence of the conversion; and where the conversion is shown by other evidence, such proof is not essential.” Merchants & Miners Trans. Co. v. Moore, 124 Ga. 482 (52 S. E. 802); Beasley v. Cen. of Ga. Ry. Co., 29 Ga. App. 584 (1) (116 S. E. 227). Likewise, it is unnecessary to prove a demand and refusal, or any other conversion of the property, where the defendant in his answer admits possession in himself and denies the plaintiff’s averments of title. Securities Trust…
2Cases cited4 opinions
- Merchants & Miners Transportation Co. v. Moore & Co.Supreme Court of Georgia · 1905
- Securities Trust Co. v. MarshallCourt of Appeals of Georgia · 1923
- Smith v. Commercial Credit Co.Court of Appeals of Georgia · 1922
- Beasley v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1923