Dewey v. . Supervisors of Niagara Co.
New York Court of Appeals
These are appeals by both parties from a judgment of the General Term of the Supreme Court, in the fourth judicial department, modifying and affirming as modified a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury.
Read the full summary
These are appeals by both parties from a judgment of the General Term of the Supreme Court, in the fourth judicial department, modifying and affirming as modified a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury. (Reported below, 2 Hun, 392; 4 T. & C., 606.) This action was brought to recover for moneys alleged to have been wrongfully demanded, received and collected by defendant of plaintiff, and had and received by it for the use and benefit of plaintiff. The moneys in question were levied and collected under and in pursuance of the provisions…
1Opinion of the CourtAllen, J.
The action is for moneys alleged to have been wrongfully demanded, received and collected by the defendant of the plaintiff, and by the defendant “ had and received to and for the use and benefit of the said plaintiff.”
Two principal facts enter into and must be proved to maintain the action: 1st, the actual payment to or receipt by the defendant of money or its equivalent; and second, that such money ex cequo et bono belongs to the plaintiff. It is an equitable action to recover money in the possession of the defendant, or which it has disposed of or appropriated to its use, and which in…
2Cases cited1 opinion
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
3Cited by10 opinions
- Board of Com'rs v. Searight Cattle Co.Wyoming Supreme Court · 1892
- Union Bank & Trust Co. v. County of Los AngelesCalifornia Court of Appeal · 1934
- Vigo Township v. Board of CommissionersIndiana Supreme Court · 1887
- Smith v. Board of Supervisors of Barron CountyWisconsin Supreme Court · 1878
- Herman H. Hettler Lumber Co. v. County of CookIllinois Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.