Herbert v. Butler

ERROR to the Circuit Court of the United States for the Eastern District of New York.

This was an action brought by Herbert for money had and received for his use by Butler. Plea, general issue. The parties were the only witnesses in the case. Judgment for the defendant. Herbert sued out this writ of error.

The facts are stated in the opinion of the court.

Mr. Jasper K. Herbert for the plaintiff in error.

Mr. Thomas J. Durant, contra.

MR. JUSTICE BRADLEY delivered the opinion of the court.