Jennings v. Stewart

Russell, Judge.

1. Where one incurs expense at the request of another for the latter’s benefit the law implies a promise to pay, and the fund may be recovered “as money laid out and expended for the other’s use.” Birmingham Lumber Co. v. Brinson & Son, 94 Ga. 517 (20 SE 437). This is all the more true where the actor is compelled by reason of a legal liability to pay an obligation which another in equity and good conscience ought to have paid. 58 CJS 888, Money Paid, § 3(b). Thus, an agent of an insurance company who procured a policy of insurance for a client and himself paid the premium had…