Graham v. Hogan

Birdsong, Chief Judge.

This is an action at law (see Cantrell v. Henry County, 250 Ga. 822, 825 (301 SE2d 870)) in implied assumpsit for money had and received, in which the recipients of the money (Graham and his wife) appeal the grant of summary judgment to the plaintiff law firm, and the denial of Graham’s motion for summary judgment. The appellant Robert Graham received a check for $28,700 from his attorney in settlement of a 1978 judgment debt of $36,300 plus costs. The check was handed to Graham’s wife (who is also a party) and Graham deposited it the next day. Subsequently, he (and his…