Gauld v. Lipman
New York Court of Common Pleas
Appeal from city court, general term. Action by William Gauld against Julius Lipman and William Cohen to recover in implied assumpsit for money had and received by defendants to plaintiff’s use. From a judgment of the general term of the city court (21 2sT. Y. Supp. 464) affirming a judgment entered on the verdict of a jury in favor of plaintiff, defendants appeal.
1Opinion of the CourtBischoff, J.
The complaint was upon defendants’ implied promise to pay $1,000, alleged to have been had and received by them to plaintiff’s use; and the answer denied the receipt of the money. On the trial it appeared affirmatively from the testimony of both defendants that neither of them had in fact received any money whatever for the plaintiff, and this was left unchallenged, unless the remaining facts in evidence justify an inference of its receipt. Defendants had entered into a building loan agreement with one George J. Hamilton, pursuant to which the former were to advance the latter a specified sum…
2Cases cited9 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Chesapeake and Ohio Canal Company v. Knapp and OthersSupreme Court of the United States · 1835
- Dermott v. JonesSupreme Court of the United States · 1860
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3Cited by1 opinion
- Logan v. Fidelity-Phenix Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1918