Marinette County v. Schmitt

In this action for money had and received, plaintiff seeks to recover from defendant $2,695 received by him from plaintiff for services which he claims and testified he actually rendered for plaintiff as the court reporter of the Marinette county court. Such an action for money had and received is deemed to be equitable in its nature; and, as is stated in 19 Am. Jur., Equity, p. 168, sec. 195,—

“It is said that the rights of the parties in such an action are to be determined as they would be upon a bill in equity and that the defendant may rely upon any defense which shows that in equity and…