Goodson v. Liles

(after stating the facts as above),

The form of the action, money had and received, was well chosen. It is equitable in nature; and in that character of action the right of the plaintiff, in equity and good conscience, to recover is to be determined upon equitable principles. Hudson v. Scott, 125 Ala. 172, 177, 28 South. 91, among others.

If the plaintiff’s theory of completely ■consummated gift was sustained, then the subject of the gift, so consummated, was not assets of the estate of Thames, and hence Liles individually, not in his representative capacity, was liable in the premises.…