Smith v. Pennington

Atkinson, Presiding Justice.

The plaintiff sued in equity to recover from the defendant a sum of money as for the breach of an implied or constructive trust, which he asked the court to declare and decree. The money sought was received by the defendant on March 12, 1935. This action was filed on April 5, 1940. According to the allegations of the petition this money was paid to the defendant in satisfaction of a promissory note executed by the plaintiff on February 3, 1935, payable to the defendant. The petition describes a series of transactions which it is contended gave rise to, or at least…