MacMurray v. City of Long Beach
New York Court of Appeals
I. The motion to dismiss the complaint under subdivision 5 of rule 106 of the Buies of Civil Practice must be denied because the complaint states a good cause of action at law for money had and received. (Hall v. Prudential Insurance Co., 72 Mise. 525, 148 App. Div. 934; Port v. Holzinger, No. 1, 212 App. Div. 124; Columbian Laundry v. Hencken, 203 App. Div. 140; Parkway Laundry Service, Inc., v. Becker, 257 App.
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I. The motion to dismiss the complaint under subdivision 5 of rule 106 of the Buies of Civil Practice must be denied because the complaint states a good cause of action at law for money had and received. (Hall v. Prudential Insurance Co., 72 Mise. 525, 148 App. Div. 934; Port v. Holzinger, No. 1, 212 App. Div. 124; Columbian Laundry v. Hencken, 203 App. Div. 140; Parkway Laundry Service, Inc., v. Becker, 257 App. Div. 327; Cushman v. Martin, 6 Hun 245; Barragh v. Boss, 55 Hun 605, 130 N. Y. 641; Miller v. Harris, 102 N. Y. S. 604; Caesar v. Bubinson, 174 N. Y. 492; Seidlitz v. Auerbach, 230…
1Opinion of the CourtLewis, J.
Our inquiry goes to the sufficiency of the complaint in this action.
From that pleading it appears that the plaintiff-appellant is the receiver of rents in an action to foreclose a certificated mortgage upon premises known as No. 405 East Broadway in the City of Long Beach. Against the mortgaged premises was an outstanding tax lien owned by the defendant City which lien, with accrued penalties, amounted to $3,347.60. In an effort to avoid the accrual of additional penalties the plaintiff arranged to take advantage of statutes which authorize the city, upon resolution of its council, to cancel…
2Cases cited8 opinions
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Pink v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
- Mayer v. Mayor of New YorkNew York Court of Appeals · 1875
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3Cited by13 opinions
- Citibank, N.A. v. WarnerNew York Supreme Court · 1981
- Drucker v. New York UniversityAppellate Terms of the Supreme Court of New York · 1969
- Reitmeister v. ReitmeisterAppellate Division of the Supreme Court of the State of New York · 1948
- Jenad, Inc. v. Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 1965
- Rothrock Syosset, Inc. v. KreutzerAppellate Division of the Supreme Court of the State of New York · 1956
8 more not listed; retrieve them via the Exa API.