Bahar v. Tadros, Etc.

Concurring Opinion

Crumpacker, J.,

concurs.—I concur in the results reached by the court but I cannot agree that this proceeding is in the nature of an action for money had and received. “In order to support a count in assumpsit for money had and received, it must in general appear that the defendant has actually received and has in his hands money, or something which has been received as money, belonging to the plaintiff, which it is his duty immediately to pay over.” 4 Am. Jur., Assumpsit, §22. *464Such is not the theory of this proceeding. The Bahars, plaintiffs below and appellants here, do not…