Smyth v. George W. Bates & Co.

This was an action for money had and received. The complaint alleges that the defendant, a banking company, received for the use and benefit of one Harry Howard $2,393.99 on August 14, 1915; $2,586.82 on July 7, 1916 (later found not to have been received by defendant), and $136.36 on October 25, 1918, which sums were received from the sale of certain bonds. Defendant’s amended answer denies the allegations of plaintiff’s complaint and as a further and separate answer and defense alleges: That Harry Howard had borrowed the sum of $2,075 from defendant, for which sum he had given defendant his…