374. Common Count Mistaken Receipt

374. Common Count: Mistaken Receipt Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] owes [him/her/it] money [that was paid/for goods that were received] by mistake. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of plaintiff] [paid [name of defendant] money/sent goods to [name of defendant]] by mistake; That [name of defendant] did not have a right to [that money/the goods]; That [name of plaintiff] has asked [name of defendant]to return the [money/goods]; That [name of defendant] has not returned the [money/goods] to [name of plaintiff]; and 5. The amount of money that [name of defendant] owes [name of plaintiff]. ______________________________________________________________________________ New December 2005