Georgia Court of Appeals, 1916

Albany Coca-Cola Bottling Co. v. Lowrey

Albany Coca-Cola Bottling Co. v. Lowrey
Georgia Court of Appeals · Decided May 2, 1916 · Bboyies
18 Ga. App. 57; 88 S.E. 903; 1916 Ga. App. LEXIS 118

Albany Coca-Cola Bottling Co. v. Lowrey

Opinion of the Court

Bboyies, J.

1. There was no error in overruling the demurrer to the de fendant’s answer.

2. This was a suit in trover, and the evidence demanded a finding that the title to the property (Coca-Cola bottles) sued for, and the right of possession, were in the plaintiff; and, the undisputed evidence further showing that the property was in the possession of the defendant when the suit was filed, and that a demand for the property was made upon the defendant by the plaintiff before the suit was filed, and that this demand was refused, a verdict in favor of the plaintiff was demanded; and, consequently, the verdict rendered in favor of the defendant was contrary to law and to the evidence.

Judgment reversed.

Russell, O. J., dissents.

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