Bratspies v. Barrett

Finch, J.:

The action was brought to recover $500 as for money had and received, the plaintiff’s bill of particulars alleging that the- plaintiff delivered to the defendant $500 under an agreement that said amount would be deposited in a bank at Vienna and a bank book delivered to plaintiff within a year showing such deposit, or the money returned. These facts the plaintiff proved, and that after the expiration of a year the plaintiff made repeated demands for the bank book, but the same never was delivered. Plaintiff rested, and on defendant’s motion the court dismissed the complaint on the…