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BEN HYMAN & CO., INC. v. SOLOW

38120.

101 Ga. App. 249 (1960)

113 S.E.2d 489

BEN HYMAN & COMPANY, INC. v. SOLOW et al.

Court of Appeals of Georgia.

Rehearing Denied February 26, 1960.

Attorney(s) appearing for the Case

Carpenter, Karp & Mathews, A. Tate Conyers, for plaintiff in error.

Shoob & McLain, M. H. Shoob, contra.

TOWNSEND, Judge.

1. "A petition in a suit in trover impliedly alleges the plaintiff's damages in the amount of the value of the property sued for. Pitts & Son Co. v. Bank of Shiloh, 20 Ga.App. 143 (2) (92 S. E. 775). A plea denying generally the allegations of the petition is therefore a denial of the plaintiff's right to recover in the amount sued for, and therefore necessarily presents an issue, not only as to the plaintiff's right to recover,...

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