Cunningham v. Brooks 73 Ga. 145

Cunningham vs. Brooks.

1. The plaintiff having made out a prima facie case, there was no error in refusing a non-suit.

2. If a legatee made a transfer of his interest in the estate, and the transferee placed the transfer in the hands of another, who, knowing of the same and of the transferee’s right to the interest, collected the amount due to the legatee, he was in good conscience - bound to pay it to the transferee, although he may have had an order from the same legatee for the payment of a debt due to himself (the date of such order not appearing).

3. The verdict was sustained by the evidence.

Judgment affirmed.

March 4, 1884.