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CHARLES S. MARTIN DISTRIBUTING COMPANY v. HANEY

42114.

114 Ga. App. 346 (1966)

151 S.E.2d 239

CHARLES S. MARTIN DISTRIBUTING COMPANY, INC. v. HANEY.

Court of Appeals of Georgia.

Decided September 26, 1966.

Attorney(s) appearing for the Case

Charles L. Henry, for appellant.

Marson G. Dunaway, Jr., for appellee.

FRANKUM, Judge.

1. "Legal title in the plaintiff at the time of the institution of the suit is a sine qua non in an action of trover." Prater v. Painter, 6 Ga.App. 292, 293 (64 SE 1003). This is so, notwithstanding the fact that the plaintiff may elect to take a money verdict in lieu of specific property. Citizens Bank v. Mullis, 161 Ga. 371 (1) (131 SE 44) and citations. The burden to prove all of the essentials of a cause of action is upon the plaintiff...

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