73 Ga. 383 | Ga. | 1884
The defendant in error brought its action for money had and received, against the plaintiff in error, alleging that plaintiff in error had received from one Mayer & Glauber a sum of money due on a draft of which the following is a copy:
“$276.85. Lynchburg, Virginia, February 17, 1881.
Sixty days after date, pay to the order of Allen W. Tally, cashier, two hundred and seventy-six dollars and eighty-five cents, with current rate of exchange on New York, value received, and charge the same to account of Hunter & Marshall.
To S. Mayer & Glauber, )
Albany, Georgia.” )
On the back of the draft were the following indorsements : First:
“PayW. H. Patterson, cashier, or order, for collection for account of First National Bank, Lynchburg, Va. (Sgd.) Allen W. Tally, cashier.”
Second:
“ Pay to John A. Davis, agent, or order, for account of Citizens’ Bank of Georgia, Atlanta, Ga. (Sgd.) W. H. Patterson, cashier.’
The evidence showed that the plaintiff in error had collected tkis draft; upon demand being made on plaintiff in error for the payment of the money thus collected by the attorney for defendant in error, payment was refused; the railroad claimed that the Citizens’ Bank was indebted to it, and that they had given that bank credit for the amount thus collected. It was further shown that the Citizens’ Bank had failed before the money had been collected by the Central Railroad and Banking Company.
• The court below held that the Central Railroad and Banking Company was liable to the defendant in error, and this ruling is assigned as error.
And we are clear that plaintiff in .error had no right to-retain the proceeds of this draft as payment .of or security for any balance which the Citizens’ Bank might be due it..
Judgment affirmed.
Davis was agent of the railroad company.