Molina v. Largosa

DISSENTING OPINION OP

ABE, J.

I disagree with the opinion of the majority of the court.

This action was filed by plaintiff Molina against defendant Largosa for the sum of $2,000 on account, of money had and received,1 The gist of the complaint is that plaintiff paid defendant $2,000 and that he has not received the consideration for which he had paid the sum of $2,000.. The evidence is uncontradicted that plaintiff subscribed and agreed to pay for 40 shares of “non-voting shares” at a par value of $50 per share and paid defendant the sum of $2,000 on account thereof. . .

In. the formation of an…