Bartlett v. Jenkins

This is an action of assumpsit by- J. R. Jenkins against J. R. Bartlett, as administrator of the estate of W. I-I. Bartlett, deceased.

The court tried the cause without a jury, rendered judgment in favor of the plaintiff, and from it this appeal is prosecuted by the- defendant. There were three counts in the complaint. Demurrers were sustained-to count 2.

The first count is for money had and received. There was no ruling by the court on demurrers to count 1. The defendant insists there could be no recovery under this count, because it alleges and claims “for money had and received by the…