Darling, Jr. v. Burlington Drug Co.

The action is contract in the nature of assumpsit for money had and received. Trial was by court resulting in a judgment for plaintiff for $136.52 as of September 27, 1927. He claims that he should have had judgment for $357.60, and comes here on exceptions to the exclusion of evidence offered by him, to the findings, to the court’s failure to find as requested, and to the judgment.

The findings here material are these: On May 7, 1925, one Paquette, a then resident of Hardwick, gave defendant a promissory note for $1,000 and a chattel mortgage conditioned as follows: “Upon condition that I pay…