Miller v. Billingsly

—This was an action by the appellee against the appellant for money had and received.

The only valid assignment of error is based upon the refusal of the court to grant a new trial.

The facts, as proved upon the trial, are these: Baily G. Hayes, in 1869, gave to the appellant a draft upon a firm in Cincinnati, Ohio, for either one thousand or eleven hundred dollars, and directed him, when he received the money, to pay to Baily Hayes one hundred dollars, to Hayden Miller one hundred dollars, to the appellee five hundred dollars, and the balance he was to have as a loan. The appellant, upon…