Prevost v. Wilkin

MAUGHMER, Commissioner.

Plaintiff brought suit for money had and received. Defendants counterclaimed against plaintiff and against a third party defendant. The court directed a verdict for defendants against the third party defendant. The jury found for plaintiff on his petition and for defendants on their counterclaim. The plaintiff and the third party defendant have appealed.

Plaintiff, James A. Prevost, Sr., who at the time of trial in March, 1961, was 71 years of age, had been since 1928, an “order buyer” at the Kansas City Stockyards. He operated as Prevost Order Buying Company, and mostly…