Milliken

The plaintiff commenced an action against the defendant to recover moneys alleged to have been received by the defendant for the plaintiff’s use. The plaintiff pleaded his cause of action in two counts. In the first count he pleaded a breach of an express contract, and in the second count he pleaded the common count for money had and received. The defendant interposed an answer which contained denials of all of the material' allegations. A trial was had by the trial court sitting without a jury. Thereafter the court made findings: “That the said defendant Bank of Italy never entered into any contract with said plaintiff with reference to the disposition or the sale of any hemp produced on Woodward Island by the plaintiff and one H. H. Laughlin, or otherwise, and said defendant, Bank of Italy, never agreed to be bound by any agreement between the said H. H. Laughlin and the said plaintiff or otherwise.” And the court also made a finding: “That the said defendant has never received the sum of $3,750, or any other sum, as agent for the plaintiff, nor has it ever received any money belonging to plaintiff in any other capacity; that said defendant has never received any money for or to…