Clark v. Sherman

The opinion of the court was delivered by

Hoyt, J.

Plaintiff brought ah action for money had and received. The proof introduced showed that the liability of the defendant, if any, did not arise at all on account of any money which had come into his possession under such circumstances as would authorize a recovery therefor, as for money had and received for the use of plaintiff. On the contrary, such proof showed that the liability of the defendant to the plaintiff grew out of an al*682leged contract, by which, in consideration of her agreeing to surrender to him the interest which she had in…