P. L. Edwards v. Robert L. Durham and

Action in two counts for money had and received. The cause was tried to the court without the aid of a jury. The court found
the issues for plaintiff and entered judgment against defendants for $18,985.83. Defendants have appealed. The action was instituted by P. L. Edwards, Executor of the Estate of Ida Mae Mensendieck, deceased, against Robert L. Durham
and Mensendieck Grain Company, a corporation. The petition stated that defendants on November 9, 1953, received $10,000 from
Mrs. Minnie N. MacLean and $5,000 from Mrs. Ida Mae Mensendieck; that Mrs. MacLean died January 15, 1954; and Mrs. Mensendieck,
her sister, died on December 5, 1955; that P. L. Edwards had been appointed executor under the will of each; that Mrs. MacLean
devised and bequeathed her claim against defendants to her sister Mrs. Mensendieck; that the said claim had been delivered
and distributed to the estate of Mrs. Mensendieck; that the latter estate was now the owner of both claims; and that plaintiff,
as executor of Mrs. MacLean's estate, had demanded payment of the $10,000 on April 9, 1954. Demand for payment of the $5,000
claim was made by the filing of this action on August 8, 1957.