Nielsen

Action on a common count for money had and received.

Plaintiff, an incompetent, through his guardian in substance, alleged that on or about July 19, 1927, defendant received from plaintiff the sum of $500 to and for the use of plaintiff; that on or about the twenty-fourth day of August of the same year he received the further sum of $1,000 for plaintiff’s use. The complaint further alleged that on the nineteenth day of July, 1927, and long prior thereto, and before defendant had relations of any kind with plaintiff, and ever since said date, plaintiff was an incompetent and incapable of handling his business affairs or' managing his property; that on the eighth day of December, his guardian rescinded any and all contracts or agreements had between defendant and plaintiff and demanded payment from defendant of said sums. The complaint prayed for judgment in the sum of $1500. To this complaint defendant demurred upon various grounds. The demurrer was overruled and defendant answering, alleged that plaintiff had paid to defendant as retaining fees the sum of $500 and the further sum of $1,000 and prayed judgment. For a further answer and by way of counterclaim defendant set up an…