Sappington v. Rimes
Court of Appeals of Georgia
Trover; from city court of Zebulon — Judge Dupree. May 15, 1917.
1Opinion of the CourtJenkins, J.
1. In a trover suit the plaintiff must show a conversion on the part of the defendant. Eefusal to surrender the property on demand does not constitute conversion, but is evidence thereof. While such a demand and refusal is necessary to the maintenance of an action in trover where the property came into the defendant’s hands lawfully, unless it otherwise affirmatively appears that there was an actual conversion prior to the bringing of the suit (Baston v. Rabun, 115 Ga. 378, 41 S. E. 568), it is the rule, ordinarily, that no such demand and refusal need be shown for the purpose of proving…
2Cases cited6 opinions
- Liptrot v. HolmesSupreme Court of Georgia · 1846
- Miller v. WilsonSupreme Court of Georgia · 1896
- Central Railroad v. SennSupreme Court of Georgia · 1884
- Lott v. BanksCourt of Appeals of Georgia · 1917
- Johnson v. StevensCourt of Appeals of Georgia · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gordon v. Gulf American Fire & Casualty Co.Court of Appeals of Georgia · 1966
- Wood v. SandersCourt of Appeals of Georgia · 1952
- Lovinger v. Hix Green Buick Co.Court of Appeals of Georgia · 1964
- Buice v. CampbellCourt of Appeals of Georgia · 1959
- Sapp v. HoweCourt of Appeals of Georgia · 1949
16 more not listed; retrieve them via the Exa API.