Merchants' Bank v. Rawls
Supreme Court of Georgia
Assumpsit, &c. Bibb Superior Court, and motion for new trial. Hoard before Judge Floyd, January Term, 1849. The Bank of Hawkinsville, now the Merchants’ Bank of Macon, the plaintiff in error, in the year 1842, held a fi. fa. against William F. Bond, for the sum of two thousand dollars, principal.
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Assumpsit, &c. Bibb Superior Court, and motion for new trial. Hoard before Judge Floyd, January Term, 1849. The Bank of Hawkinsville, now the Merchants’ Bank of Macon, the plaintiff in error, in the year 1842, held a fi. fa. against William F. Bond, for the sum of two thousand dollars, principal. John Rawls, then President of the Bank of Hawkinsville, on the 4th day of March, 1842, transferred said fi. fa. together with another fi. fa. to Joseph Bond, and attached to the same a receipt, of which the following, except the statement of the fi. fas. is a copy : “Received, Plawkinsville, March…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] The plaintiff in this action relied upon his counts for money had and received. We view it as an action brought by the bank for money claimed to belong to it, ex equo et tono, in the hands of the defendant. By the proofs it seems that Mr. Rawls, whilst he was President of the Bank, sold two judgments belonging to the bank to Joseph Bond, and received the money. This suit goes for that money. The principles upon which the equitable action for money had and received depends are settled. It lies in all cases for the plaintiff’s money in the…
2Cases cited9 opinions
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- Everett v. United StatesSupreme Court of Alabama · 1837
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- Swindell & Co. v. Bainbridge State BankCourt of Appeals of Georgia · 1908
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