Gill Equipment Co. v. Freedman

This is an action of contract for money received by the defendant to the plaintiff’s use. A bill of particulars, added by amendment of the declaration, showed “1. Proceeds of a check ... of $15,000, dated January 30, 1948, drawn on The National Metropolitan Bank and payable to the defendant and Anthony J. Forte . . . $15,000. 2. Interest on Item The bill of particulars was later amended, subject to the defendant’s exception, by striking out the first three words "Proceeds of a.” The defendant filed a general denial. At the pre-trial it was stipulated that the amount involved was $10,000 1 and…