Knight v. Forbes
Court of Appeals of Georgia
Complaint; from city court of Valdosta—Judge Cranford. June 23, 1916. The petition of Forbes against Knight contained in substance the following allegations: At the times hereinafter named the defendant was engaged in the insurance business' and represented the Columbian National Life Insurance Company, as soliciting agent.
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Complaint; from city court of Valdosta—Judge Cranford. June 23, 1916. The petition of Forbes against Knight contained in substance the following allegations: At the times hereinafter named the defendant was engaged in the insurance business' and represented the Columbian National Life Insurance Company, as soliciting agent. On August 14, 1914, plaintiff gave to defendant an application to that company for a $5,000 twenty-year K. & C. term policy of insurance on his life, and paid to defendant the first premium thereon, amounting to $66.30. Plaintiff was duly examined by physicians…
1Opinion of the Court
Wade, O. J.
1. “An action for money had and received lies in behalf of the plaintiff to recover his money in the hands of a defendant who, in equity and good conscience, has no right to retain the same.” Rhodes Furniture Co. v. Jenkins, 2 Ga. App. 475 (58 S. E. 897). Such an action “needs for its support no actual contractual relation, for the law will imply a quasi-eontractual relation to uphold it, whenever the circumstances so require.” Citizens Bank of Fitzgerald, v. Rudisill, 4 Ga. App. 37 (60 S. E. 818).
2. A fair construction of the suit as originally brought makes it an action of…
2Cases cited17 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- Ramspeck v. PattilloSupreme Court of Georgia · 1898
- Citizens Bank v. RudisillCourt of Appeals of Georgia · 1908
- Whitehead v. PeckSupreme Court of Georgia · 1846
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3Cited by3 opinions
- Lipman, Wolfe & Co. v. Phœnix Assur. Co.Court of Appeals for the Ninth Circuit · 1919
- Herrington v. City of DublinCourt of Appeals of Georgia · 1935
- Knight v. ForbesCourt of Appeals of Georgia · 1920