Rice v. Merchants & Planters National Bank

The plaintiff as administratrix of D. S. Bice sued tbe defendant in assumpsit for money bad and received to plaintiff’s use. After tbe evidence was closed, each party requested the court for tbe affirmative charge. Tbe court charged as requested for tbe defendant, and refused tbe charge for tbe plaintiff. Tbe action of tbe court in these respects is assigned as error. Tbe undisputed evidence shows that at tbe time of tbe death of D. S. Bice (plaintiff’s intestate), be and A. Wilson were engaged in mercantile business as partners under tbe firm name of Bice & Wilson, that as such firm they did…