Dudley

The plaintiff had judgment in an action prosecuted against the defendant to recover the sum of $10,400. From this judgment the defendant appeals.

The complaint in this action is in nine counts. The first count is for the sum of $10,400, alleged to be for money had and received from the plaintiff for the benefit of the defendant, this sum being made up of the following items, to wit: The sum of $3,000, alleged to have been paid by the plaintiff to the defendant, for its use and benefit, on or about the first day of November, 1923 ; the sum of $1400, alleged to have been paid to the defendant by the plaintiff, for its use and benefit, on or about the sixth day of February, 1924; the sum of $5,000, alleged to have been paid by the plaintiff to the defendant, for its use and benefit, on or about the eleventh day of February, 1924; and the further sum of $1,000, alleged to have been paid by the plaintiff to the defendant, for the latter’s use and benefit, on or about the second day of March, 1924. The next four counts are for the sums respectively mentioned, alleged to have been loaned to the defendant by the plaintiff at the defendant’s special instance and request. The last four…