Fellows v. Title Guarantee & Trust Co.

¶1Action brought on the theory of money had and received, to recover, after an executed rescission, a sum of money paid by plaintiff for a mortgage certificate which he was induced to purchase because of alleged material misrepresentations by defendant. Order setting aside the verdict of the jury in favor of the plaintiff and directing a new trial unanimously affirmed, with costs. No opinion. Present — Hagarty, Johnston, Adel, Taylor and Close, JJ.