Comeau v. F. C. Friend Mortgage Corp.

This is an action of contract under which the plaintiff seeks to recover of the defendant $1,580 as money had and received by the defendant to the plaintiff’s use. The answer is a general denial. There is also an answer in the nature of an interpleader, which is not referred to otherwise in the report.

There was evidence in support of the findings made by the trial judge so far as there was any dispute about them. These facts are in substance as follows: The defendant, the holder of a construction mortgage given by one Merilda Bernier, dated May 15, 1931, for $2,500, on February 24, 1932, duly…