Lary v. Hart
Supreme Court of Georgia
Assumpsit, See. and motion for new trial, in Marion Superior Court. Decision by Judge Iverson. August Term, 1852. Neal Lary placed in the hands of Vincent T. Hart, for collection, a note ón L. L. Curry, for one hundred dollars. He afterwards brought this action for money had and received, against Hart, for the amount of this note. On the trial, it was proved that Hart placed this note in the hands of Zachariah Conner, to be sent to plaintiff.
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Assumpsit, See. and motion for new trial, in Marion Superior Court. Decision by Judge Iverson. August Term, 1852. Neal Lary placed in the hands of Vincent T. Hart, for collection, a note ón L. L. Curry, for one hundred dollars. He afterwards brought this action for money had and received, against Hart, for the amount of this note. On the trial, it was proved that Hart placed this note in the hands of Zachariah Conner, to be sent to plaintiff. Conner collected the amount of the note from Curry. Conner was considered, at the time, responsible, but afterwards absconded. The Jury found a verdict…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The facts in this case are briefly these: Neal Lary held a note of $100 on L. L. Curry, which he placed in the hands of Vincent Hart, for collection. Upon what terms does not appear. Hart put the note in the hands of Zachariah T. Conner, at the time a responsible factor in Macon, to be returned to the owner, Lary. Why he returned the note, without collecting it, does not appear. Conner, instead of returning the note, settled it himself with Curry; whereupon, Lary brings this action for money had and received, against Hart, to recover from…
2Cited by9 opinions
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- Trust Co. of Georgia v. S. & W. CAFETERIACourt of Appeals of Georgia · 1958
- King v. FormanCourt of Appeals of Georgia · 1944
- Seibert v. BaxterSupreme Court of Kansas · 1887
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