Detroit, Hillsdale & Southwestern Railroad v. Smith

Action for money had and received. The receipt of the money by defendant from the plaintiff was admitted on the trial. It appears that defendant at the time was general superintendent of the plaintiff, and also of the Toledo, Ann Arbor & Grand \ Trunk Railroad under a joint employment by the two railroad companies at a salary of live thousand dollars a year. Each railroad company was to pay one-half the salary. When the money now in contest was transmitted to the defendant, the Toledo Company was behind in its payments, and defendant claimed the right to apply the money upon what was due him…