Secor v. Kreuder
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Adelle Secor, as administratrix of the estate of Francis M. Secor, deceased, against William Kreuder. From a judgment for defendant, and an order denying a new trial, plaintiff appeals.
1Opinion of the CourtO’Brien, J.
The action was brought to recover $500 given the defendant by the plaintiff’s intestate, and the complaint, although originally drawn upon, the theory that the money was obtained by fraud, is sufficiently broad to justify a recovery upon the theory of money had and received. It appeared upon the trial that the deceased, *2Francis M. Secor, was a guest in a hotel kept by the defendant at Haumet, Bockland county, and, after an illness of some weeks, died at the hotel, February 24, 1898. The $500 in question was obtained from him by the defendant on the 19th day of February, 1898, by means of a…
2Cited by5 opinions
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- Townsend v. McGrainNew Jersey Superior Court Appellate Division · 1957
- Silver v. KrellmanAppellate Division of the Supreme Court of the State of New York · 1903