Kenney v. Walden
Court of Appeals of Georgia
Complaint; from city court of .Savannah — Judge Freeman November 8, 1921.
1Opinion of the CourtJenkins, P. J.
1. It is the general rule that a proper payment to the authorized agent of a disclosed principal, which has not been induced by fraud, accident, or mistake, is to be treated as having been made to the principal, so that, should the person making the payment ultimately become entitled to its return, his remedy is against the principal, irrespective of whether or not the money has been actually turned over to the principal by the agent thus receiving it for him and in his stead. Echols v. Howard, 17 Ga. App. 49, 51 (86 S. E. 91); 2 Corpus Juris, 821. An apparent but not a real deviation from…
2Cases cited6 opinions
- McDonald v. NapierSupreme Court of Georgia · 1853
- Zapf Realty Co. v. BrownCourt of Appeals of Georgia · 1921
- Knox v. Greenfield EstateCourt of Appeals of Georgia · 1910
- City of Rome v. Breed, Elliot & HarrisonCourt of Appeals of Georgia · 1918
- Echols v. HowardCourt of Appeals of Georgia · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gauss v. KirkCourt of Appeals for the D.C. Circuit · 1952
- Dell v. KugelCourt of Appeals of Georgia · 1959
- Carter v. TurbevilleCourt of Appeals of Georgia · 1954
- Haupt v. HorovitzCourt of Appeals of Georgia · 1923
- Gust v. WilsonNorth Dakota Supreme Court · 1953
12 more not listed; retrieve them via the Exa API.