Westheimer v. Craig

This is an action of assumpsit brought by the appellee against Moses Westheimer and Michael R. Kelly. The *406declaration contains the ordinary money counts, and with it is filed a statement or hill of particulars, charging the defendants with having collected and fraudulently appropriated to their own use the proceeds of certain cheques drawn by the appellee. Kelly having failed to plead within the time prescribed by law, a judgment by default was entered against him, and the judgment so stands, the Court never having been called on to assess, nor the jury to inquire of, the damages. The…