Miller & Lux v. Gray

The complaint in this action charged in two counts. In the first, plaintiff, as assignee of Henry Miller, the surviving partner of the firm of Miller & Lux, sued to recover from defendant the sum of $958, as money had and received by the defendant from Henry Miller. In the second count, plaintiff sued as the assignee of the Merced Security Savings Bank for the same amount of money, as money had and received by defendant for the use and benefit of the bank.

The facts are that the defendant, herein sued in his individual capacity, was and is the administrator of the estatp of William C. Turner,…