Cooper v. Tim
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the.. District Court in the city of Hew York for the Eighth Judicial District, in favor of the plaintiff,, which wds rendered upon the verdict of a jury. • _ ■Action for money had and received to the "use of the plaintiff.
1Opinion of the Court
Bischoff, J.. The recovery below was contrary to law, and the judgment must, therefore, be reversed. Ho cause of action against the defendants was apparent from the evidence. It is settled in principle," and by authority, that if one person knowingly pays money to another as the agent of a third, the payment not having been induced by any wrongful act of such agent, resort cannot be had to the latter, but must be had to his principal, if the person who made the payment ultimately became entitled to the "return of the money paid; and this although the agent may not yet have accounted to his…
2Cases cited1 opinion
- Colvin v. . HolbrookNew York Court of Appeals · 1848
3Cited by8 opinions
- Garrison v. Edward Brown & SonsCalifornia Supreme Court · 1944
- Walter v. Four Wheel Drive Auto Co.Wisconsin Supreme Court · 1934
- Huffman v. NewmanNebraska Supreme Court · 1898
- Fisher v. MeekerAppellate Division of the Supreme Court of the State of New York · 1907
- Cohen v. BarryAppellate Terms of the Supreme Court of New York · 1908
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