Whitney v. Bertoglio Mercantile Co.

The allegation upon which the plaintiff grounded her case was that on August 30, 1919, she deposited with the defendants the sum of $800, upon their promise to return it within three days thereafter. The answer alleges that the sister of *361the plaintiff, Leona Whitney, had theretofore received more than $800 for the use and benefit of the defendants, all of which was then due and owing by Leona Whitney, and that the plaintiff for her sister paid to the defendants the $800 in liquidation and satisfaction of the moneys so received by her. The jury returned a verdict for plaintiff in the amount…