Paulink v. American Express Co.

The plaintiff’s declaration is for money had and received. The bill of particulars sets out four several sums, each described as “Money paid for traveler’s check unused,” with specification of the amount. The defendant pleaded in answer a general denial and the statute of limitations. It was agreed that these several sums were received by the defendant on the dates alleged in 1915 and 1916, and that, when each was paid, the defendant issued to the plaintiff its “cheque” and its “remitter’s receipt.” These were the same in each instance, except as to dates and amounts. Each “cheque” was drawn…