Barlow v. Stalworth
Supreme Court of Georgia
Assumpsit, from Henry county. Nonsuit by Judge Cabakiss, at October Term, 1858. This was an action of assumpsit, brought by Eldridge G. Barlow, administrator of Thomas Stalworth, deceased, against Edmund Stalworth, for the recovery of three hundred and ninety-eight dollars and fifty cents, alleged to be due and owing by defendant to the plaintiff as administrator aforesaid.
Read the full summary
Assumpsit, from Henry county. Nonsuit by Judge Cabakiss, at October Term, 1858. This was an action of assumpsit, brought by Eldridge G. Barlow, administrator of Thomas Stalworth, deceased, against Edmund Stalworth, for the recovery of three hundred and ninety-eight dollars and fifty cents, alleged to be due and owing by defendant to the plaintiff as administrator aforesaid. The first count in the declaration alleged, that on the 18th Nov., 1855, the said Thomas Stalworth, the intestate, then., in life, “delivered to the said Edmund Stalworth to he taken care of, and kept for the said Thomas…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
Was the plaintiff entitled to maintain this action in its present form ?
The authorities clearly establish, that unless the property of the plaintiff has been converted into money, or that which is equivalent to money, that assumpsit for money had and received, will not lie. And that even the consumption of the property by the defendant, does not authorize the action.
Under the Judiciary Act of 1799, it is questionable whether an action in the common Courts, could be sustained, because the case is not plainly, fully and distinctly stated They are…
2Cited by7 opinions
- Cragg v. ArendaleSupreme Court of Georgia · 1901
- J. C. Penney Co. v. WestCourt of Appeals of Georgia · 1976
- Woodruff v. Zaban & SonSupreme Court of Georgia · 1909
- Southern Railway Co. v. RobersonSupreme Court of Georgia · 1911
- Marietta Mining Co. v. ArmstrongCourt of Appeals of Georgia · 1920
2 more not listed; retrieve them via the Exa API.