Fox

This is an appeal upon the judgment-roll from a judgment for plaintiff and against defendants in the sum of $346.65.

The complaint is in two counts, each of which was attacked by defendants by a general demurrer, which was by the court overruled as to each count, and it is this action of the court which is now chiefly relied on for a reversal of the judgment.

The first count, if good at all, sets forth a, cause of action for money had and received by defendants to and for the use of plaintiff’s assignors. The point intended to be raised by the demurrer is that it is not alleged that defendant had or received or collected the money sued for for the use or benefit of plaintiff’s assignors.

In this respect it must be confessed that plaintiff’s complaint is not a model of good pleading, and is a departure from the usual and approved form for a count for money had and received. The approved and usual form for this count is very simple, consisting simply in stating that the defendant is indebted to the plaintiff in a certain sum “for money had and received by the defendant to and for the use of plaintiff.” (1 Chitty’s Pleading, 16th Am. ed., 362.)

In the first count of plaintiff’s…