Scheer-Ginsberg Realty & Construction Co. v. Devin
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment in favor of plaintiff, entered in the Municipal Court of the city of Rew York, borough of Manhattan, fifth district, after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
This action was brought by plaintiff to recover from defendant as for money had and'received a certain amount paid for interest on a mortgage held by defendant, from March 15, 1911, the date of payment, to March twenty-ninth.
So far as is pertinent, the testimony shows that defendant, who was entitled by the terms of an agreement to twenty days’ notice of payment of the mortgage and to •interest during the twenty days, told plaintiff that she would accept the money on any day when plaintiff might *202be in funds from the. negotiation of another mortgage obtained to cover the .amount represented by…
2Cases cited3 opinions
- Britton & Hadley v. FrinkNew York Court of Appeals · 1847
- Matthews v. William Frank Brewing Co.New York Supreme Court · 1899
- Hess v. CohenAppellate Terms of the Supreme Court of New York · 1897