Miller v. Schloss
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Nathan J. Miller and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of July, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of April, 1912, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This is an action for moneys had and received.
The complaint contained three counts. The third, however, was abandoned at the trial, and plaintiffs elected to stand on the first and second. The first cause of action alleges that on April 27, 1904, plaintiffs paid to defendant the sum of $6,830 upon defendant’s promise to pay and apply the same in extinguishment of plaintiffs’ liability for the same amount to one C. P. Hunt; that defendant failed to pay the said Hunt, who thereupon sued plaintiffs for said amount and recovered judg*706ment, which was paid. The second cause of action is in…
2Cases cited7 opinions
- Allen v. . BrownNew York Court of Appeals · 1870
- Langley v. . WarnerNew York Court of Appeals · 1850
- Beardsley v. RootNew York Supreme Court · 1814
- Andrews v. . BrewsterNew York Court of Appeals · 1891
- Hill v. WhiddenMassachusetts Supreme Judicial Court · 1893
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3Cited by5 opinions
- Bilotti v. Accurate Forming Corp.Supreme Court of New Jersey · 1963
- Farnham v. FarnhamAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of QuickNew York Surrogate's Court · 1932
- Hammon v. PaineCourt of Appeals for the First Circuit · 1932
- Komow v. Simplex Cloth Cutting Machine Co.New York Supreme Court · 1919