Ripley v. Case

Plaintiff sued defendant for money had and received. The bill of particulars based the demand on a fraudulent sale of a worthless bond of the Michigan Air Line Railroad Company, upon the representation that it was a bond of the Michigan Central Railroad Company. The court below, without assigning any reason, took the case from the jury. The only question is whether the plaintiff showed anything to go to the jury.

As this is not an action for damages for fr^ud, but is to recover the whole consideration, as obtained from plaintiff for an absolutely worthless bond, we see no reason why the…