McCay v. F. C. Barber & Son
Supreme Court of Georgia
Assumpsit. Charge- of the Court. By Judge Snead, City Court of Augusta. May Term, 1867. Both the parties and J. B. Wray, were brokers in Augusta. Barber & Son, through Wray, as their agent, on the 9th December, 1865, bought of McCay five coupons, frombon'ds issued by the City of Montgomery Alabama, of the nominal value of seventy dollars each, for which he paid eighty cents on the dollar.
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Assumpsit. Charge- of the Court. By Judge Snead, City Court of Augusta. May Term, 1867. Both the parties and J. B. Wray, were brokers in Augusta. Barber & Son, through Wray, as their agent, on the 9th December, 1865, bought of McCay five coupons, frombon'ds issued by the City of Montgomery Alabama, of the nominal value of seventy dollars each, for which he paid eighty cents on the dollar. Before buying them he took them from McCay’s office to Barber & Son, and submitted them to their examination, to see whether they were issued before or after the war, and then returned to McCay’s office and…
1Opinion of the CourtWalker, J.
This was an action of assumpsit to recover the amount of money paid by plaintiffs to defendant for certain coupons purporting to be issued by the city of Montgomery, Alabama, and which coupons were not the obligations of that corporation, though issued by the proper officers.'
The action for money had and received, is an equitable action and extensively remedial. It lies, in all cases, where money is in the hands of one, which in equity and good conscience, should be paid to another. Whitehead vs. Peck, 1 Kelly R., 140.
The defendant received the money of plaintiffs without any valuable…
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