Franck v. J. J. Sugarman-Rudolph Co.

Plaintiffs commenced an action for money had and received in the sum of over $65,000. Defendants, a partnership hereafter referred to as defendant, and the partners, answered raising general issues and also counterclaimed and asserted affirmative defenses for over $98,000, and raised the defense of the statute of limitations (Code Civ. Proc., §§ 339[1], 337[1], 338[4], 343).

The judgment from which defendant appeals awarded plaintiffs $64,054.61, with interest, and that defendant take nothing by the counterclaim. The court excluded evidence on the affirmative defenses and counterclaim on the…