Sullivan v. Franzreb
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie E.- Franzreb, from a judgment of the Municipal Court of the city of New York, borough of Richmond, in favor of the plaintiff, rendered on the 23d day of May, 1911.
1Opinion of the Court
Jenks, P. J.:
The plaintiff declared upon (1) money had and received, and (2) breach of contract. The proof suffices-to show that plaintiff’s intestate paid $250 to the defendant. But the paper read in evidence by the plaintiff is a receipt to her intestate from the defendant for $250, “ same being partial payment on Lot of Donohue property, being sold by me to said Margaret J. Neville. ’' The testimony of plaintiff’s witness, Mr. Rabinowitz, an attorney at law> as to the interview between the said intestate and the defendant, which resulted in this receipt, does not establish that this money…
2Cases cited4 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Doheny v. . LacyNew York Court of Appeals · 1901
- Winter v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1906
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