Allgood v. Wilmington Savings & Trust Company

The first question posed by this appeal is whether the plaintiff made out a prima facie case of money had and received.

An action for money had and received may be maintained as a general rule “whenever the defendant has money in his hands which belongs to the plaintiff, and which in equity and good conscience he ought to pay to the plaintiff. . . . The plaintiff is entitled to recover when it appears that the money in question belonged to the plaintiff and was secured by the defendant without the consent of the plaintiff, or if with his consent, without consideration.” Wilson v. Lee, 211 N.C.…