Buckman v. American Express Co.

This is an action of contract to recover nine separate sums paid to the defendant for transmission to Russia for the account of individuals with whom the plaintiff was dealing in the course of his business of selling foreign exchange. Count 19 of the declaration has been waived. The odd counts of the remaining eighteen are for breach of contract and the even counts are for money had and received. The defendant’s exceptions to the admission of evidence not having been argued are treated as waived.

The jury on the testimony would have been warranted in finding the following facts: Between…