Norris v. Cohen

Thomas Gallagher, Justice.

Action for money had and received through defendant’s conversion of certain merchandise belonging to plaintiffs. Defendant denied the conversion and further pleaded that a written instrument, executed by plaintiffs and defendant on June 24, 1944, constituted a release of plaintiffs’ claims herein. In reply, plaintiffs denied that said release contemplated or included the settlement or adjustment of the claims set forth in the complaint. The trial court found for plaintiffs in the sum of $2,986.09. This appeal is from an order denying defendant’s motion for a new…