Simpson v. Dalziel

HAYNES, C.

Action for money had and received. A demurrer to plaintiff’s fifth amended complaint was sustained, without leave to amend, and plaintiff appeals from the judgment thereupon entered against him.

The money sought to be recovered by plaintiff in this action is alleged to have been fraudulently received by the defendant on or about February 20, 1893, and the fact that it was received by the defendant was not discovered until December 1, 1899. This action was commenced March 31, 1900. The amount claimed is $1,036.34, with interest from February 20, 1893.

Two grounds of demurrer are…