Wartell v. Novograd

This was an action of assumpsit on the common count for money had and received. At the close of plaintiff’s evidence, the trial court directed a verdict for defendant.

Plaintiff is before this court on exception (1) to the granting of defendant’s motion to direct a verdict for defendant; (2) to the denial of plaintiff’s motion that a verdict be directed for plaintiff, and (3) to the ruling out of plaintiff’s offer of certain evidence of a Mr. Israel, then a law student in the office of defendant’s attorney.

The principal question raised is whether the plaintiff may bring assumpsit or whether he…