Marshall v. Lewark

Mitchell, J. —

Complaint by Lewark, in two paragraphs, against Theodore C. and Emmett F. Marshall. The first paragraph is a common count for money had and received, and for money laid out and expended by plaintiff for the defendants at their special instance and request.

The second paragraph is to recover money alleged to be due the plaintiff upon an account stated.

Upon issues duly formed the cause was tried by a jury, the trial resulting in a verdict and judgment for the plaintiff.

It appeared that the appellants, Theodore C. and Emmett F. Marshall, father and son, entered into a written…