Knight v. Forbes

Luke, J.,

dissenting. 1. This is the second appearance of this case in this court, and its nature is fully set forth in connection with the decision in 19 Ga. App. 320, where it was construed to be an action for money had and received. The 'averment that the plaintiff delivered to the defendant the sum of money sued for was established only by proof that, in lieu of the cash, the defendant 'accepted a due-bill which the plaintiff procured a third person to make, which the defendant promptly transferred for value, and which the maker satisfied prior to the origin of the plaintiff’s alleged…