Little v. Ellis

This is an action in contract in which the plaintiff seeks to recover the balance due and interest on a promissory note executed by the defendants. Count II of the plaintiffs complaint is for money had and received.

The matter is before the Appellate Division on the basis of two Dist./Mun.Cts. R. Civ. P., Rule 64 reports. The first report, signed by the trial justice, was sought by the defendants as appellants. The report indicates that the plaintiffs husband worked with defendant Edward Ellis who was the president of a corporation known as “Elco” which engaged in the business of selling,…