Allen v. Jones

This was a claim against the estate of Stephen Allen, deceased. The statement of the claim was in three paragraphs, the first two of which were withdrawn. The third was a complaint for money had and received by the testator to the use of the appellant.

There was a trial by jury, and a verdict for the appellee. The action of the court in overruling a motion for a new trial is presented for examination.

*64There was evidence under which the question went to the jury whether or not the appellant, in November, 1882, delivered to the testator the sum of nine hundred and fifty dollars, the money which…