Bowers v. Hathaway

The plaintiff, who is administrator of the estate of Frances A. Busse, brings this action for money had and received to recover the sum of $2,500 with interest from the date of demand. A judge, sitting without a jury, found for the plaintiff. The defendant comes here on exceptions to the denial of two of his requests for rulings.

The judge found the following facts. On June 25, 1956, the plaintiff’s intestate (a spinster), hereinafter called Miss Busse, became seriously ill, and, not knowing whether she would recover, delivered her personal check to the defendant, payable to his order, in the…