Sherman v. Werby

By the Court.

The subjoined opinion was prepared by Mr. Justice Sanderson, and adopted after his death as the opinion of the court.

The plaintiff has commenced two actions against the defendant, the first by writ dated December 11, 1929, and the second by writ dated March 6, 1930.

The declaration in the first action is in five counts. The first count, in contract, states, in substance, that the plain*158tiff is the wife of Abraham Sherman, who was employed by the defendant as manager of a garage in which he had charge of the handling of money; that the defendant required a deposit of $3,000 as…