Kellett v. Boynton

87 Ga. App. 692 (1953)

75 S.E.2d 292

KELLETT

v.

BOYNTON et al. PATTON

v.

BOYNTON et al. KELLETT et al.

v.

BOYNTON et al.

34403, 34404, 34405.

Court of Appeals of Georgia.

Decided February 28, 1953.

John L. Respess Jr., for plaintiffs in error.

Newton Craig, contra.

SUTTON, C. J.

This is an action in assumpsit for money had and received, which is an action at law and is maintainable in cases where the defendant has received money under such circumstances that in equity and good conscience he ought not to retain it, and which in equity and good conscience the plaintiff is entitled to recover. The question for…