Legal Opinion
Swafford v. Certified Finance Co.
Court of Appeals of Georgia
Decided April 13, 1954No. 35122PublishedCited by 7 opinions
1Opinion of the CourtTownsend, J.
“ ‘An action for money had and received lies in all cases where another has received money which the plaintiff, ex aequo et bono, is entitled to recover and which the defendant is not entitled in good conscience to retain.’ Zapf Realty Co. v. Brown, 26 Ga. App. 443 (106 S. E. 748); Whitehead v. Peck, 1 Ga. 140 (3); Knight v. Roberts, 17 Ga. App. 527 (87 S. E. 809). In such an action ‘the law implies a promise on the part of any person who has received the money of another to pay that person on demand. The reception of money by one and the demand by the other makes all the privity that is…
2Cases cited18 opinions
- Jasper School District v. GormleySupreme Court of Georgia · 1937
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Citizens Bank v. RudisillCourt of Appeals of Georgia · 1908
- Whitehead v. PeckSupreme Court of Georgia · 1846
- Bates-Farley Savings Bank v. DismukesSupreme Court of Georgia · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
- Cotton States Mutual Insurance Company v. BibbeeWest Virginia Supreme Court · 1963
- Tarver v. Savannah Beach, Tybee IslandCourt of Appeals of Georgia · 1957
- Commercial Credit Equipment Corp. v. ReevesCourt of Appeals of Georgia · 1964
- Equitable Discount Corp. v. GuestCourt of Appeals of Georgia · 1961
2 more not listed; retrieve them via the Exa API.