Reusens v. Mexican National Construction Co.

Wallace, .1.

The demurrer to the complaint raises tbe question whether the plaintiff can recover as for money had and received, upon the following facts: In May, 1883, the defendants sought subscriptions to a loan to be made to it of $2,000,000, to aid in constructing the railroad of the Mexican National Bailway Company, and on May 30, 1883, the plaintiff became a subscriber to the extent of $25,000, upon the terms of a contract of subscription. By this contract the defendant agreed to deposit in trust with a trustee named certain securities, aggregating in nominal value $20,000,000, as…