Holst v. Stewart

The declaration in this case contains three counts, the first two of which are for distinct torts. The third count is in contract, for money had and received, and apparently applies to the cause of action set forth in the first count. A general demurrer was filed to the first two counts, which was overruled in the Superior Court, and the defendants appealed to this court. The case was then tried in the Superior Court. The judge ruled that the plaintiff could not maintain his action on the first and third counts, to which ruling no exception was taken by the plaintiff; the case was submitted…