Graham v. State Street Bank & Trust Co.

Bell, Presiding Judge.

Defendant rests this appeal mainly upon the contention that for thirteen of the cars no right to recover was shown as the plaintiffs failed to prove an actual conversion of the thirteen cars and failed to prove a demand for any of the cars and a subsequent refusal to redeliver them. This contention ignores the fact that defendant’s answer to the petition denied plaintiffs’ allegation of title to the property.

In trover conversion is the gist of the action. Southern Express Co. v. Sinclair, 130 Ga. 372, 373 (60 SE 849); Shore v. Brown, 19 Ga. App. 476, 477 (5) (91 SE 909);…