Alexander v. Coyne
Supreme Court of Georgia
Action for money had and received. Before Judge Ellis. Eulton superior court. January 5, 1914. Mrs. C. M. Coyne brought a petition against Edgar Alexander, to recover the sum of $606 as money had and received by the defendant for the plaintiff’s use.
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Action for money had and received. Before Judge Ellis. Eulton superior court. January 5, 1914. Mrs. C. M. Coyne brought a petition against Edgar Alexander, to recover the sum of $606 as money had and received by the defendant for the plaintiff’s use. As amended the petition alleged that on May 2, 1911, petitioner loaned to the Electric Construction Company, a corporation, $606, and to secure the loan the Electric Construction Company in writing assigned to her an open account for $861.95 due that company by the S. II. Kress Company, another corporation. That transfer was signed, “Electric…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The difficulty in the question presented by this record arises out of the form of action which the plaintiff has elected to pursue. It is well settled that whoever meddles with another’s property, whether as principal or agent, does so at his peril. If an agent takes the property of another without his consent, and delivers it to his principal, it *698is a conversion, and both the principal and the agent will be liable in damages. Miller v. Wilson, 98 Ga. 566 (25 S. E. 578, 58 Am. St. R. 319). The plaintiff could have prosecuted her action for damages for the…
2Cases cited5 opinions
- Miller v. WilsonSupreme Court of Georgia · 1896
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
- Cowart v. FenderSupreme Court of Georgia · 1912
- Lary v. HartSupreme Court of Georgia · 1853
- Houston v. FrazierSupreme Court of Alabama · 1845
3Cited by19 opinions
- Hodges v. Community Loan & Investment Corp.Court of Appeals of Georgia · 1974
- Jasper School District v. GormleySupreme Court of Georgia · 1937
- Reardon v. BlandSupreme Court of Georgia · 1950
- Padgett v. ButlerCourt of Appeals of Georgia · 1951
- King v. FormanCourt of Appeals of Georgia · 1944
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