23 S.E.2d 468 | Ga. Ct. App. | 1942
The allegations of the petition showing that the alleged cause of action for money had and received arose more than four years before the suit was instituted, and it not appearing that there was any fraud in connection with the transfer of the county warrant on which the money was paid such as to prevent the plaintiff from ascertaining the alleged invalidity of the warrant, or deter it from bringing the suit within the time required by law, the action was barred by the statute of limitations. The court did not err in sustaining the general demurrer and dismissing the action.
The defendant demurred generally, and on the ground that the cause of action was barred by the statute of limitations. Special demurrers were also filed. The court passed the following order: "Upon a hearing the foregoing general demurrers are sustained and the petition is dismissed. Special demurrers are not passed upon." The plaintiff excepted.
The plaintiff concedes that the action is one for money had and received. The money was paid by the plaintiff on the warrant on February 16, 1937. The suit was filed on December 2, 1941. The right of action arose upon the payment of the money to the defendant, and a suit could have been instituted therefor immediately. Inasmuch as an action for money had and received shall be brought within four years from the time the right of action accrues (Jasper School District v. Gormley,
Judgment affirmed. Stephens, P. J., and Sutton, J., concur.