Nichols v. Sober

Sober sued on the common counts and added another framed as special; but this however was no more in effect than the count for money had and received, and in view of the state of facts he adduced, his right of action if any was maintainable only under that branch of his declaration claiming for money had and received.

He gave evidence tending to show that himself and one Orlin A. Peck owned as partners a quantity of whiskey in Peek’s hands at Chicago, where the latter resided, and that Peck about October 19, 1872, sold the *680whiskey in accordance with a previous understanding between them; that…