Hartford Accident & Indemnity Co. v. Benevento

The opinion of the court was delivered by

Heiier, J.

Plaintiff sued for money had and received. The complaint is in two counts: The first alleges that “between November 17th, 1943, and May 23d, 1944,” one Mabie, a paying teller of the Hackensack Trust Company, “took funds” of his employer “entrusted to his custody in the amount of $18,813 and delivered” the same to defendant “as wagers or bets on the outcome of certain events of chance, to wit, the result of certain horse races,” and that the Trust Company later assigned “its right of action” to plaintiff; the second charges that defendant…