The first cause of action was properly dismissed on the law, inasmuch as plaintiff's testimony established that it was not a copartnership. In the absence of findings of facts by the Trial Justice, however, it cannot be determined on what basis the questions of fact were decided arising under the second cause of action for money had and received (Mason v. Lory Dress Co., 277 App. Div. 660). Plaintiff produced many of the vouchers covering items of the $3,138 which...
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