Malsbary v. Whyte

The plaintiff sues the administrators of the estate of Elliott Lowe to recover the sum of $214.94, alleged to be due on account of money had and received. Plaintiff’s cause of action is based on the following instrument, which is in nature and form a due-bill in words and figures following: “Elliott Lowe & Co., 603 First National Bank Building, Grain Account, Lincoln, Nebraska. 6-1-16. *148E. L. Malsbary:. At the close of business today, your account on our Ledger is: Dr. $-; Cr. $21.4.94. Kindly advise us, at once, if this balance does not agree with your books. Should you desire an itemized…