Olson v. McLean

MR. JUSTICE CASTLES:

This is an appeal from a judgment on a verdict for plaintiff in a retrial of an action for money had and received. Defendant is the appellant, plaintiff the respondent. The judgment is affirmed.

Plaintiff sues as administratrix of her father’s estate. Among his papers plaintiff found a canceled $1,100 check made out to defendant as an automobile purchase loan, but nothing to substantiate payment. Defendant admitted the loan, avowed payment, but produced no receipt. He insisted that he had returned the $1,100 in cash, in amounts of $800 and $300, and $20 interest, within six…