Brackett v. Fulton National Bank

(After stating the foregoing facts.) This was an action for money had and received. It is alleged in the plaintiff’s petition that prior to and on June 23, 1947, the defendant maintained a commercial checking account with the plaintiff bank at its Peters Street office in Atlanta, and that on June 23, 1947, the withdrawals by the defendant from his account exceeded the deposits therein by the amount sued for and that the defendant. had received out of said account the sum of $2071.29, which in equity and good conscience he is not entitled to retain and which in equity and good conscience the…