Home Realty Corp. v. Morrow

Court of Appeals of Georgia

Home Realty Corp. v. Morrow

108 S.E. 481, 27 Ga. App. 385, 1921 Ga. App. LEXIS 918

CourtCourt of Appeals of Georgia

DecidedSeptember 27, 1921

Docket12054

StatusPublished

Cited by3 cases

This text of 108 S.E. 481 (Home Realty Corp. v. Morrow) 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

Home Realty Corp. v. Morrow, 108 S.E. 481, 27 Ga. App. 385, 1921 Ga. App. LEXIS 918 (Ga. Ct. App. 1921).

Pincite

Opinion

Stephens, J.

1. Where money is paid to the agent of another, the payer can not, in a suit against the agent, recover the sum thus paid, where the agent had, before the suit, paid the money over to his principal.

2. When a principal authorizes his agent, who has in his hands money collected for the principal, to appropriate the money to the cancellation of an indebtedness due by the principal to the agent, this is equivalent to the agents’s paying the money to his principal.

3. This being a suit in the municipal court of Atlanta by the payer against the agent, and a verdict for the defendant being demanded as a matter of law, the judge of the superior court erred in not sustaining the defendant’s certiorari complaining of a judgment rendered for the plaintiff. Judgment reversed.

Jenhins, P. J., and Hill, J., conewr. Anderson, Rountree & Crenshaw, for plaintiff in error. J. Caleb Clarke, contra.

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