Becker County National Bank v. Miller

Julius J. Olson, Justice.

Action for money had and received. In a charge free from criticism the court submitted the fact issues to a jury. The result was a verdict for plaintiff. Defendants made the usual alternative motion for judgment or a new trial and appeal from the order •denying their motion.

The jury could find these facts: Defendants are husband and wife. For a time they had operated what is known as the Shell Cafe at Detroit Lakes. The cafe was conducted in a building also housing an oil station, the locations of the two enterprises being separated only by a partition. When…