Martin v. Wells, Fargo & Co.

Plaintiff, Martin, was agent for defendant at Tucson. He brings suit for two causes of action: (1) For money paid out by him for the benefit and use of defendant; (2) for money paid to defendant by a mistake. There is some conflict in the evidence, but there is evidence tending to show that on the afternoon of July 17, 1884, plaintiff received a severe injury, by which be was suddenly rendered incapable of doing any business whatever for several weeks. A new clerk took charge of the office, and that night Mr. Taylor, a route agent of defendant, reached Tucson, and took control of the office,…