Baker v. Hughes

Court of Appeals of Georgia

Baker v. Hughes

63 S.E. 587, 5 Ga. App. 586, 1909 Ga. App. LEXIS 69

CourtCourt of Appeals of Georgia

DecidedFebruary 9, 1909

Docket1529

StatusPublished

This text of 63 S.E. 587 (Baker v. Hughes) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Hughes, 63 S.E. 587, 5 Ga. App. 586, 1909 Ga. App. LEXIS 69 (Ga. Ct. App. 1909).

Pincite

Opinion

Powell, J.

1. Where a debtor entrusts a sum of money to his agent, to be paid to his creditor, and the agent fails to pay over the money, an action for money had and received will lie in favor of the creditor against the agent.

2. Where a discharge in bankruptcy is pleaded as a defense to an action, the burden is on the defendant to make it affirmatively appear that the plaintiff’s demand was a provable debt at the date of the adjudication, in bankruptcy. Judgment affirmed.

Hill, C. J., disqualified.

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Powell, J.

1. Where a debtor entrusts a sum of money to his agent, to be paid to his creditor, and the agent fails to pay over the money, an action for money had and received will lie in favor of the creditor against the agent.

2. Where a discharge in bankruptcy is pleaded as a defense to an action, the burden is on the defendant to make it affirmatively appear that the plaintiff’s demand was a provable debt at the date of the adjudication, in bankruptcy. Judgment affirmed.

Hill, C. J., disqualified.

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Bluebook (online)

63 S.E. 587, 5 Ga. App. 586, 1909 Ga. App. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-hughes-gactapp-1909.