National City Bank v. Busbin
Court of Appeals of Georgia
1Opinion of the Court
Banke, Chief Judge.
John Busbin sued the National City Bank of Rome to recover damages for the bank’s alleged wrongful appropriation of certain funds belonging to him. The funds in question were applied by the bank to reduce the balance due on a note which Busbin had endorsed as an unconditional guarantor. The complaint, as presently cast, is based on five separate, and to some extent redundant, causes of action: Money had and received, breach of contract, breach of fiduciary duty, conversion, and unjust enrichment. The bank filed a counterclaim asserting a right of setoff, based on the…
2Cases cited22 opinions
- Mauldin v. ShefferCourt of Appeals of Georgia · 1966
- UIV CORP. v. OswaldCourt of Appeals of Georgia · 1976
- Fonda Corp. v. Southern Sprinkler Co.Court of Appeals of Georgia · 1977
- Colodny v. Dominion Mortgage & Realty TrustCourt of Appeals of Georgia · 1977
- Hazel v. Tharpe & Brooks, Inc.Court of Appeals of Georgia · 1981
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