Baker v. Hughes

• Decision Date: 09 February 1909
• Docket Number: (No. 1,529.)
• Citation: 63 S.E. 587,5 Ga.App. 586
• Parties: BAKER . v. HUGHES.
• Court: Georgia Court of Appeals

63 S.E. 587

5 Ga.App. 586

BAKER .

v.HUGHES.

(No. 1, 529.)

Court of Appeals of Georgia.

Feb. 9, 1909.

1. Money Received (§ 6^*) —When Action Lies.

Where a debtor intrusts 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.

[Ed. Note.—For other cases, see Money Received, Cent. Dig. § 27; Dec. Dig. §> 6.*]

2. Bankruptcy (§ 436*) — Effect of Discharge—Burden of Proof.

Where a discharge in bankruptcy is pleaded 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.

[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 840; Dec. Dig. § 436.*]

(Syllabus by the Court.)

Error from City Court of Dublin; J. E. Burch, Judge.

Action by D. G. Hughes, Jr., against W. A. Baker. Judgment for plaintiff. Defendant brings error. Affirmed.

Ira S. Chappell, for plaintiff in error.

W. C. Davis, for defendant in error.

POWELL, J. Judgment affirmed.

HILL, C. J., disqualified.

*.For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes