New York Trap Rock Corp. v. National Bank

In an action for money had and received the plaintiffs sue to recover unpaid balances due them for materials furnished under a contract for a public improvement. The complaint alleges that the defendant bank, in which the contractors deposited the final payment received by them from the New York City Parkway Authority, paid the entire fund to itself on account of an indebtedness owing to it by the contractors. Defendant moved to dismiss the complaint for failure to state facts sufficient to constitute a cause of action and the motion was denied. Order, in so far as appealed from, reversed on…