Welsh v. Barnes-Duluth Shipbuilding Co.

Peterson, Justice.

Plaintiff sues to recover $1,650. The complaint is in the form of a common indebitatus assumpsit count for money had and received. The defense was that the money claimed represented an unpaid contingent salary increase granted by defendant to plaintiff as its employe, which it carried on its books as a contingent or reserve credit in his favor, and that plaintiff in consideration of future employment released and discharged defendant from liability and assigned and transferred the credit to it. The reply denied the release and discharge and alleged that plaintiff assigned…