Brigg v. Central National Bank
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury rendered by direction of the court. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The judgment should be affirmed. The appellant claims that this is an action for money had and received, and cites The People v. The Merchants', &c. Bank of Troy (78 N. Y. 269), as authority for the proposition that an action for money had and received cannot be sustained unless the money was actually received, either by the defendant or through his agent; in respect to which, in the present case, it is sufficient to say what was said in the case that the appellant cites of People v. Merchants', &c. Bank, that “ all the facts are set forth in the complaint, and…
2Cases cited2 opinions
- The People v. . Merchants and Mechanics' Bk.New York Court of Appeals · 1879
- Purchase v. MattesonNew York Court of Appeals · 1862
3Cited by2 opinions
- Schafer v. OlsonNorth Dakota Supreme Court · 1912
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915