Legal Opinion
Rodgers & Hagerty, Inc. v. Brunswick Marine Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 1919PublishedCited by 3 opinions
Appeal by the defendant, The Brunswick Marine Construction Corporation, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of January, 1919, denying its motion for judgment on the pleadings, consisting of an amended complaint and the answer thereto.
1Opinion of the Court
Smith, J.:
The motion challenges the sufficiency of the complaint. The complaint, as far as it is important to this discussion, reads as follows:
“ Third. That on or about the 22nd day of April, 1918, in the Borough of Manhattan, City, County and State of New York, the defendant became indebted to the plaintiff in the sum of $5,000 for money had and received by the defendant to the use of the plaintiff, and that no part of said sum has been paid, although payment was duly demanded before the commencement of this action.”
In Pomeroy on Code Remedies (4th ed. p. 584, § 436) the rule is stated that…
2Cases cited5 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Allen v. . PattersonNew York Court of Appeals · 1852
- Tate v. American Woolen Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Keyser v. ShaferNew York Supreme Court · 1823
- Stemmler v. AlsdorfAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by3 opinions
- Dubin v. DubinNew York Supreme Court · 1940
- Bates v. 55 & 57 East 65th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1936
- Castex Fire Proof Door Co. v. SheftmanCity of New York Municipal Court · 1937