Legal Opinion
Empire Oil Company v. Lynch
Court of Appeals of Georgia
Decided May 3, 1962No. 39454PublishedCited by 9 opinions
1Opinion of the Court
Carlisle, Presiding Judge.
1. “ '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 SE 748); Whitehead v. Peck, 1 Ga. 140 (3); Knight v. Roberts, 17 Ga. App. 527 (87 SE 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…
2Cases cited11 opinions
- 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
- Central of Georgia Railway Co. v. SharpeCourt of Appeals of Georgia · 1950
- Central Railroad v. First National BankSupreme Court of Georgia · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hill v. Cross Country Settlement, LLCCourt of Appeals of Maryland · 2007
- Plitt v. GreenbergCourt of Appeals of Maryland · 1966
- State Farm Mut. Auto. Ins. Co. v. Slade Healthcare, Inc.District Court, D. Maryland · 2019
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
- Appel v. Mainstar Oil Co. (In Re B & L Oil Co.)District Court, D. Colorado · 1985
4 more not listed; retrieve them via the Exa API.