Cohn v. Beckhardt
New York Supreme Court
Appeal from circuit court, New York county. Action by Isaac K. Cohn and Bebecca Cohn, as executors, etc., of Jacob Cohn, against Louis Beckhardt, for moneys had and received. Judgment for plaintiffs. Defendant appeals.
1Opinion of the CourtPatterson, J.
The real question in this case is as to whether the complaint is one in tort purely and simply, or one for money had and received. The action was brought by the executor and executrix of one Cohn, who during his life-time had employed the defendant to collect from one Godfrey Fischer a "certain sum of money. Apart from the formal allegations, the-complaint sets forth that the defendant, as agent, being employed to collect, the money, did, on the 9th day of November, 1887, so collect it, “and wrongfully and unlawfully wholly refused, failed, and neglected to pay the same,, or any part thereof,…
2Cited by6 opinions
- Connor v. PhiloAppellate Division of the Supreme Court of the State of New York · 1907
- Williams v. Conover, New York County Courts1911
- Janson v. PotruchAppellate Terms of the Supreme Court of New York · 1909
- Bosworth v. HigginsNew York Supreme Court · 1889
- Cohen v. JacobwitzAppellate Terms of the Supreme Court of New York · 1907
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