Chappell v. Boyd
Supreme Court of Georgia
Husband and wife. Parties. Estoppel. Judgments. Principal and agent. Ratification. Before Judge Wright. Webster Superior Court. March Adjourned Term, 1878. Sarah J. Boyd brought complaint against Alexander Chappell for $600 00, alleged to have been paid him out of her funds by her husband, Uriah Boyd, in settlement of an individual debt of the latter. She charged that the defendant, at the time he received the money, knew that it was the property of plaintiff.
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Husband and wife. Parties. Estoppel. Judgments. Principal and agent. Ratification. Before Judge Wright. Webster Superior Court. March Adjourned Term, 1878. Sarah J. Boyd brought complaint against Alexander Chappell for $600 00, alleged to have been paid him out of her funds by her husband, Uriah Boyd, in settlement of an individual debt of the latter. She charged that the defendant, at the time he received the money, knew that it was the property of plaintiff. The defendant pleaded the general issue, former recovery, payment, settlement, and estoppel. Upon the trial of the issue thus formed,…
1Opinion of the Court
Bleckley, Justice.
1. There was no plea in abatement for non-joinder of the husband as a co-defendant. But if there had been, we do not see why it should have been sustained. If two persons co-operate in the wrongful appropriation, that is, in the conversion of the money of a third, no doubt it may be reclaimed in a joint action against them both; but a several action against either seems equally maintainable, especially if the use which they made of the money was a several use as between themselves, the one paying and the other receiving it upon a debt owing by the former to the latter. At…
2Cases cited1 opinion
- Mayor of Savannah v. ChampionSupreme Court of Georgia · 1875
3Cited by13 opinions
- Farmers State Bank v. KelleySupreme Court of Georgia · 1923
- McRitchie v. Atlanta Trust Co.Supreme Court of Georgia · 1930
- Grant v. MillerSupreme Court of Georgia · 1899
- Third National Bank v. PoeCourt of Appeals of Georgia · 1908
- Webb v. HarrisSupreme Court of Georgia · 1906
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