121 Ga. 524 | Ga. | 1904
If, when the cash was received and applied as a credit on the debt of the husband, the plaintiff had notice that the money actually belonged to the wife, she would have been entitled to a verdict on her plea of payment. If, however, he had no such notice, but took the money bona fide as a part payment on a pre-existing debt, then she was not entitled to the credit claimed nor to a judgment against him for the amount so received. If the. creditor’s title to this money could be thus defeated without proof of notice-of the defendant’s interest therein, so likewise could the title of the defendant to the same money be attacked. The result, would be that if any link in the chain of ownership between herself and the mint was invalid, she could be called on to account by the last true owner. It is manifest that any such rule would be utterly destructive of the quality of currency which has been attached by law as an incident peculiar to money and negotiable
The evidence as to notice by the plaintiff of the- wife!s title was
Judgment affirmed.