Polhemus v. Trainer

By the Court, Sanderson, J.:

This is an action for money had and received. The plaintiff had judgment in the Court below. The defendant, having first moved for a new trial, which was denied, appeals.

One Godfrey leased to the defendant certain premises for the term of seven years. Thereafter the defendant borrowed of one Schwartz the sum of three hundred dollars, and to secure its payment assigned to him the lease aforesaid. The terms of the assignment were absolute, but Schwartz gave the defendant a written agreement to re-assign the lease to him upon the payment of the three hundred dollars…