Webster v. Sterling Finance Co.

Action for money had and received. Plaintiff obtained judgment for $4723.11 and defendant appealed. Jurisdiction of the appeal is in the supreme court because the constitutional validity of a proviso to a statute [Sec. 3230 R.S. 1939] is involved.

This is the third time for this cause to be in the supreme court. In the first appeal it was held that the appeal was premature and the appeal was dismissed. See Webster v. Sterling Finance Co., 165 S.W.2d 688. The second appeal was from an order sustaining a demurrer to the petition and dismissing the cause. Held on the second appeal that the…