Goo Yee v. Rosenberg

OPINION OF THE COURT BY

PERRY, J.

(Robertson, C.J., Dissenting.)

This is an action of assumpsit for money had and received, the amount claimed being $114. The jury rendered a verdict for the plaintiff. The defendant’s exceptions now relied upon are to the denial of a motion for a directed verdict made at the close of plaintiff’s opening statement and again at the close of plaintiff’s evidence, to certain instructions given to the jury, to the verdict as contrary to the law and the evidence and to the overruling of a motion for a new trial.

Evidence was adduced tending to show the following facts:…