Legal Opinion
Cohen v. City Company of New York
New York Court of Appeals
Decided May 28, 1940PublishedCited by 50 opinions
1Opinion of the CourtLewis, J.
An affirmative plea by the defendants of the six-year Statute of Limitations (Civ. Prac. Act, § 48, subd. 1) has served as a basis for a summary judgment in their favor at Special Term where the plaintiff’s cause of action was treated as one for money had and received and the complaint dismissed. Appealing from a non-unanimous judgment of affirmance by the Appellate Division, the plaintiff asserts that his cause of action is not for money had and received but is one to procure a judgment on the ground of fraud arising from alleged misrepresentations by the defendants in December, 1928, but…
2Cases cited7 opinions
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Clark v. KirbyNew York Court of Appeals · 1926
- Carr v. . ThompsonNew York Court of Appeals · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- Wechsler v. BowmanNew York Court of Appeals · 1941
- Elsfelder v. CournandAppellate Division of the Supreme Court of the State of New York · 1945
- Downey v. PalmerCourt of Appeals for the Second Circuit · 1940
- Pollack v. Warner Bros. Pictures, Inc.Appellate Division of the Supreme Court of the State of New York · 1943
45 more not listed; retrieve them via the Exa API.