Milam v. Adams

101 Ga. App. 880 (1960)

115 S.E.2d 252

MILAM

v.

ADAMS et al.; and vice versa.

38113, 38114.

Court of Appeals of Georgia.

Decided June 8, 1960.

Rehearing Denied June 22, 1960.

James Maddox, for plaintiff in error.

Wright, Rogers, Magruder & Hoyt, Clinton J. Morgan, contra.

TOWNSEND, Judge.

1. Properly construed, this petition sets out an action for money had and received, which lies in every instance where another has come into possession of money to which the plaintiff is entitled in equity and good conscience, and which the defendant is not otherwise entitled to retain. Zapf Realty Co. v. Brown, 26 Ga.…