Weissbrodt v. H. W. Elmore & Co.

In an action in assumpsit for money had and received, commenced on September 17, 1929, there was a trial without a jury resulting in the court, on July 28, 1930, finding the issues in favor of defendants and entering judgment against plaintiff for costs. The present appeal followed.

Plaintiff’s declaration consisted of a special count and the common counts. In the special count there is set forth a written agreement under seal, dated January 24, 1927, signed by “Elmore’s Westchester Realty Trust, of which the Foreman Trust and Savings Bank is trustee,” by “H. W. Elmore, Manager,” as first…