Kaiser v. Fleming

The plaintiff, Barbara Kaiser, appeals the dismissal of her complaint seeking judgment for money she gave the defendant, Paul B. Fleming, to pay off the mortgage on his home. We affirm in part, reverse in part, and remand the cause for further proceedings.

On December 1, 1998, the plaintiff filed a two-count complaint. Count I was titled “Petition for Constructive Trust,” and count II was titled “Money Had and Received.” The complaint alleged that the plaintiff and the defendant began an intimate relationship while the plaintiff was married to another man. The plaintiffs marriage to her…