Gulf American Fire and Casualty Co. v. Johnson

COLEMAN, Justice.

Defendant appeals from judgment for plaintiff in an action tried by jury, for money received by defendant to the use of the plaintiff.

The complaint contains one count which recites:

“The plaintiff claims of the defendant TWELVE HUNDRED AND NO/100 DOLLARS ($1200.00), for money on the 19 day of December, 1959, received by the defendant to the use of the plaintiff, which sum of money, with the interest thereon, is still unpaid.”

Defendant filed five pleas. Pleas 1, 2, and 3 are pleas of the general issue. Pleas 4 and 5 undertake to set up the defense of res pidicata. 1

We find no…