370. Common Count: Money Had and Received Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] owes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. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. That [name of defendant] received money that was intended to be used for the benefit of [name of plaintiff]; That the money was not used for the benefit of [name of plaintiff]; and That [name of defendant] has not given the money to [name of plaintiff]. ___________________________________________________________________________ New June 2003