Brown v. Rutledge & Summerour
Court of Appeals of Georgia
Complaint; from Gwinnett superior court—Judge Brand. June 30, 1916. D. W. Wilson, Knox, Lewis & Co., Lowe, Pittard & Co., D. E. Bennett, A. M. Bell, and Rutledge & Summerour brought suit against S. C. Brown, administrator of E. A. Robertson, and alleged that as such administrator he was indebted to the plaintiffs in the sum of $300, besides interest, by reason of the following facts: On or about the 1st of February, 1900, Gwinnett and Milton counties .contemplated the…
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Complaint; from Gwinnett superior court—Judge Brand. June 30, 1916. D. W. Wilson, Knox, Lewis & Co., Lowe, Pittard & Co., D. E. Bennett, A. M. Bell, and Rutledge & Summerour brought suit against S. C. Brown, administrator of E. A. Robertson, and alleged that as such administrator he was indebted to the plaintiffs in the sum of $300, besides interest, by reason of the following facts: On or about the 1st of February, 1900, Gwinnett and Milton counties .contemplated the building of a bridge across the Chattahoochee river between said counties. Before any contract for the building of the bridge…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) 1. According to the allegations in the petition, Milton county had-no connection whatever with the collection of the money for which suit was brought. The allegations in the petition state a case against the defendants, and the court did not err in overruling the demurrer. “When money is received by one and belongs to another, the party entitled to it may maintain action for its recovery.” Norway v. Clear Lake, 11 Iowa, 506. “In such an action, it was not essential that any privity of contract between the plaintiff and . defendant should have been shown.…
2Cases cited8 opinions
- Bates-Farley Savings Bank v. DismukesSupreme Court of Georgia · 1899
- Bank of Garfield v. ClarkSupreme Court of Georgia · 1912
- District Township of Norway v. District Township of Clear LakeSupreme Court of Iowa · 1861
- City of Calais v. WhiddenSupreme Judicial Court of Maine · 1874
- Caudell v. Athens Savings BankSupreme Court of Georgia · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- White County Bank v. Clermont State BankCourt of Appeals of Georgia · 1927