Ashton v. Shepherd

The complaint in this cause consists of two paragraphs. The second is based upon a promissory note, and the first avers that the appellant is indebted to the appellee in the sum of $5,153.05 for money had and received of the appellee for the use of the appellant, at his special instance and request, which is due and wholly unpaid. An itemized account is filed with the first paragraph of the complaint, showing various sums of money paid to Charles H. ' Nix, to the treasurer of Fulton county, and to the marshal • of the town of Rochester, Indiana.

A trial of the cause by the court, without the…