Opinion
December 30, 1942.
In an action for money had and received, judgment in favor of defendant, entered upon a decision after a trial before the court without a jury, reversed on the facts and new trial granted, with costs to appellant to abide the event. In our opinion, the decision of the learned trial justice in favor of the defendant in respect of the full amount is against the weight of evidence. Hagarty, Carswell, Adel, Taylor and Close, JJ., concur.