Mansfield v. Edwards

The declaration contained three counts. There was no evidence to sustain the second count, for $3500 according to the account annexed, and it may be disregarded. The first count was for $3500 “ money paid by the plaintiff for the defendant’s use,” with no bill of particulars annexed. This count was defective in form, in not averring that the money was paid at the defendant’s request. 1 Chit. PL (16th Am. ed.) 361, 362, 745. 2 Chit. Con. (11th Am. ed.) 879. No objection, however, was taken, by demurrer or otherwise, to the form of the count, and the proof required to sustain it would be the…