ALLGOOD v. WILMINGTON SAVINGS & TRUST COMPANY

No. 595.

88 S.E.2d 825 (1955)

242 N.C. 506

Frances McCormick ALLGOOD v. The WILMINGTON SAVINGS & TRUST COMPANY, Trustee.

Supreme Court of North Carolina.

August 26, 1955.


Attorney(s) appearing for the Case

Joe M. Cox and Phillips & McCoy, Laurinburg, for plaintiff.

Varser, McIntyre & Henry, Lumberton, for defendant.


JOHNSON, Justice.

The first question posed by this appeal is whether the plaintiff made out a prima facie case of money had and received.

An action for money had and received may be maintained as a general rule "whenever the defendant has money in his hands which belongs to the plaintiff, and which in equity and good conscience he ought to pay to the plaintiff. * * * The plaintiff is entitled to recover when...

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