Maxwell v. Adams

This case is before us on exceptions by the plaintiff to the admission and exclusion of certain evidence and on a general motion for a new trial. We shall consider only the motion. The declaration is the common omnibus count, but is restricted by the specification to an allegation for money had and received. The plaintiff is the trustee in bankruptcy of E. C. Nichols Dry Goods Co., and has brought this action to recover the sum of $13,438.41, which he claims was paid improperly and without authority by the bankrupt to the defendant just prior to bankruptcy. The case was submitted to the jury,…