Scottish Union & National Insurance v. Peoples Credit Clothing Co.

1. It is error to grant a nonsuit unless the plaintiff fails to make out a prima facie ease, or unless it appears that admitting all the facts proved by the plaintiff and all reasonable deductions therefrom, he ought not to recover. Code, § 110-310.

2. “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.” Dobbs v. Perlman, 59 Ga. App. 770 (2) (2 S. E. 2d, 109), and cit.

3. In the instant case the evidence for the plaintiff made…