Southern States Power Co. v. Ivey

(dissenting).—I am unable to agree with the opinion prepared by Mr. Presiding Justice Ellis in this case because I think that the evidence was sufficient, if believed, to warrant the jury in finding that Southern States Power Company, a corporation, received the appellee’s money under such conditions as to make it answerable to the plaintiff in the court below, appellee here, in a suit where the declaration was on the common count for money had and received by the defendant for the use of the plaintiff.

It is immaterial that the defendant in the court below on receiving the money immediately…