Evans v. Funk

This was an action in assumpsit brought by John Funk, appellee, against Daniel Evans, to recover the sum of $2,500. The declaration is the consolidated common counts with an additional averment or cause of action, to the effect that the plaintiff had before then deposited with the defendant, Evans, $5,000, to be used by the defendant, or so much thereof as might be necessary, to settle a law suit, the defendant then and there agreeing with plaintiff to return to plaintiff said sum of money, or such part thereof as was not used in making such settlement, and that defendant did not use said…