Dome Realty Co. v. Gould

This action is brought to recover $5,500, the amount of a check signed by the plaintiff’s treasurer, payable to the order of the defendant and received in payment of an individual indebtedness of the treasurer, with knowledge on the defendant’s part that the check was drawn against corporate funds. The case was referred to *296an auditor whose findings were not to be final. Rule 88 of the Superior Court (1932). At the trial the parties entered into a written agreement supplementing the auditor’s report. The agreement is included in the bill of exceptions, and constitutes the only evidence other…