Cleveland v. Miller

The plaintiff brought an action for money had and received. The defendant pleaded the general issue, with notice of set-off, and furnished a bill of particulars of his set-off, which limited his demand to a claim for certain services, amounting to 8190.50. On *98the trial the plaintiff showed that the defendant received into his hands moneys realized from the sale of property belonging to the plaintiff, amounting to $5,399.52. The defendant testified that he received this money as the agent of plaintiff, and that he was only authorized to pay it out on plaintiff's direction. It appeared that…