Calumet & Hecla Mining Co. v. Equitable Trust Co.
District Court, S.D. New York
Action by the Calumet & Hecla Mining Company against the Equitable Trust Company for money had and received. On demurrer to the complaint for failure to state a cause of action and for defect of parties defendant. This is an action to recover money had and received for plaintiff’s use.
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Action by the Calumet & Hecla Mining Company against the Equitable Trust Company for money had and received. On demurrer to the complaint for failure to state a cause of action and for defect of parties defendant. This is an action to recover money had and received for plaintiff’s use. The complaint alleges that Stafford purchased the steamer H. M. Whitney, and that, the defendant loaned $225,000, being part of the purchase price, that in order to secure repayment Stafford transferred the legal title of the steamer to a third party (the treasurer of the defendant), and that he thereafter held…
1Opinion of the CourtAugustus N. Hand, District Judge
(after stating the facts as above). [1] I agree with the plaintiff that there is no defect of par- . ties defendant. If the defendant received moneys which it ought to repay in an action of indebitatus assumpsit, I can see no reason why other persons by means of whose operation these moneys reached the defendants should be made parties in an action at law.
[2] In regard to the first ground of demurrer, the complaint, if it can stand, must do so because of a proper allegation of agency. I find no allegation that the defendant received the money from the .plaintiff, but, on the contrary, it…
2Cases cited2 opinions
- Morgan's Assignees v. ShinnSupreme Court of the United States · 1873
- Davidson v. BaldwinCourt of Appeals for the Sixth Circuit · 1897
3Cited by3 opinions
- American Car & Foundry Co. v. BrassertSupreme Court of the United States · 1933
- Carpenter v. Tietjen & Lang Dry Dock Co.Court of Appeals for the Second Circuit · 1922
- The Boise PenroseCourt of Appeals for the Second Circuit · 1927