Baker v. Hughes, 63 S.E. 587 (Ga. Ct. App. 1909). · Go Syfert
Baker v. Hughes, 63 S.E. 587 (Ga. Ct. App. 1909). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
Baker
v.
Hughes
1529.
Court of Appeals of Georgia.
Feb 9, 1909.
Published opinion
63 S.E. 587
1909 Ga. App. LEXIS 69
Ira S. Chappell, for plaintiff in error. W. G. Davis, contra.
Powell.
Published
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.