W. C. Peacock & Co. v. Castle

OPINION OF THE COURT BY

FREAR, J.

This is an action of assumpsit for $1,383.17 alleged to be “money had and received by the defendant to the use of the plaintiffs; said money being a portion of customs duties paid by plaintiffs on liquors drawn from bond; * * * which said portion of customs duties plaintiffs claim was in excess of the lawful rate, was paid under protest by the plaintiffs and was demanded, exacted and received by the defendant in contravention of plaintiffs’ rights under the law.” The Republic of Hawaii, claiming that it was the real defendant in the case, demurred to the…