Kelly Asphalt Block Co. v. Brooklyn Alcatraz Asphalt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn Alcatraz Asphalt Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of June, 1919, upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Kelly, J.:
In this action to recover moneys had and received, the plaintiff alleges that on June 11, 1914, when Kelly, the president of the plaintiff corporation, made its check to defendant’s order for $36,207.68, there was due to defendant from the plaintiff the sum of $9,149.50 “ and no more,” and the demand is for judgment for the alleged excess payment, $27,058.18. The defendant answering admits that plaintiff owed $9,149.50 as alleged in the complaint, but denies the allegation that the sum mentioned represented the debt due defendant. Upon *752the trial the plaintiff conceded that on the…
2Cases cited6 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Chapman v. . ForbesNew York Court of Appeals · 1890
- House v. . CarrNew York Court of Appeals · 1906
- Johnson v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1873
- Fanning v. DunhamNew York Court of Chancery · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- 118 East 60th Owners, Inc. v. Bonner Properties, Inc.Court of Appeals for the Second Circuit · 1982
- Lines v. Bank of America National Trust & Savings Ass'nDistrict Court, S.D. New York · 1990
- Jacksonville American Publishing Co. v. Jacksonville Paper Co.Supreme Court of Florida · 1940
- People v. HaganNew York Court of Special Session · 1931
- Central Hanover Bank & Trust Co. v. United Traction Co.Court of Appeals for the Second Circuit · 1938
11 more not listed; retrieve them via the Exa API.