Shepherd v. Allen

This is an action in two counts for money had and received. The case was tried before the court, sitting without a jury. The court found that plaintiff had “not proved his causes by a preponderance as to either cause” and that the first count was also barred by the statute of limitations. Plaintiff appeals from the resulting judgment for defendant.

The first count of plaintiff’s complaint alleges that on June 6, 1962, plaintiff “advanced” to the defendant $1,200 “to apply against future deliveries of a product known as a nonspillable male urinal”; that the urinals were defective; that…