Peck Colorado Co. v. Stratton

MARSHALL, District Judge.

The plaintiff brings its action to recover from the defendant money had and received to its use. In the complaint it is alleged “that on, to wit, the 7th day of March., 1896, at Colorado Springs, in the county of El Paso, state of Colorado, the defendant received from the plaintiff, as the agent and assistant treasurer of said plaintiff, the sum of one hundred thousand dollars ($100,000), to the use of the said plaintiff.” To this complaint the defendant has filed three separate defenses. The first is, in substance, the general issue. The second and third defenses set…