Lawatsch v. Cooney
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anthony H. Lawatsch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 10th day of Februarv, 1896, upon the dismissal of his complaint directed by the court after a trial before the court and a jury.
Read the full summary
Appeal by the plaintiff, Anthony H. Lawatsch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 10th day of Februarv, 1896, upon the dismissal of his complaint directed by the court after a trial before the court and a jury. This action was brought to recover, as for money had and received, a sum of money obtained by the defendant under the following circumstances : The plaintiff, who was the owner of certain land, upon which the defendant held a mortgage, sold it, giving the purchaser the right to discharge the…
1Opinion of the Court
Herrick, J.:
By the terms of the conveyance of the real estate the plaintiff was to receive from one Relyea, the purchaser, the sum of $1,400, less the amount of the several liens and incumbrances upon such real estate. Amongst such liens and incumbrances was a mortgage given by the plaintiff and his wife to the defendant for the sum of $1,600. Payments had been made upon this mortgage by the application of moneys derived from insurance policies, so that, at the time the defendant gave the satisfaction to Relyea, there was due for principal and interest the sum of $342.16. Relyea paid to the…
2Cases cited1 opinion
- Roberts v. . ElyNew York Court of Appeals · 1889
3Cited by2 opinions
- Knox v. SpragueAppellate Division of the Supreme Court of the State of New York · 1998
- Levine v. KleinAppellate Terms of the Supreme Court of New York · 1909