Vogel v. Marsh

Plaintiff sued for money had and received but pleaded facts for a suit for fraud and deceit. The cause was tried without a jury and defendant had judgment. Plaintiff appeals on a typewritten record.

The complaint alleged that in the month of October, 1918, defendant became indebted to plaintiff in the sum of $1733.21 for money had and received for the benefit of plaintiff; that at the time defendant was acting as agent for plaintiff in an exchange of real properties; that said sum was paid defendant by plaintiff upon defendant’s representation to him that said sum was necessary to pay interest…