WILLIAMS v. FIDELITY & CASUALTY CO.

40553.

109 Ga. App. 233 (1964)

136 S.E.2d 31

WILLIAMS v. FIDELITY & CASUALTY COMPANY OF NEW YORK.

Court of Appeals of Georgia.

Rehearing Denied March 2, 1964.


Attorney(s) appearing for the Case

Oliver, Oliver & Gunter, Jack N. Gunter, for plaintiff in error.

Ellard & Frankum, Stephen D. Frankum, R. Wilson Smith, Jr., contra.


NICHOLS, Presiding Judge.

"`The issue in an action of trover is ordinarily one of title, and the gist of the action is conversion, that is to say that the defendant has wrongfully deprived the plaintiff of possession. Where such a state of facts exists trover will lie.' Tidwell v. Bush, 59 Ga.App. 471, 472 (1 S.E.2d 457), and citations." Abney v. M. B. Thomas Auto Sales Co., 93 Ga.App. 224 (1) (91...

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