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Roberts v. Ellwood

Court of Appeals of the State of New York
Oct 8, 1889
22 N.E. 1130 (N.Y. 1889)

Summary

In Roberts v. Ellwood (116 N.Y. 652) Judge FOLLETT, in writing for the Court of Appeals, says: "The second cause of action for money had and received is a kind of an equitable action in which the recovery, if had, must be according to what is just and good ex æquo et bono. * * * To have entitled the plaintiff to recover under this count the evidence should have shown that the defendants had received money from the plaintiff, which, in good conscience, the defendants ought not to have retained.

Summary of this case from State Bank v. Napier

Opinion

Argued June 26, 1889

Decided October 8, 1889

W. Woodbury for appellant.

A.C. Calkins for respondent.



FOLLETT, Ch. J., reads for affirmance of order and for judgment absolute against plaintiff on stipulation.

All concur, except BRADLEY and HAIGHT, JJ., not sitting.

Order affirmed and judgment accordingly.


Summaries of

Roberts v. Ellwood

Court of Appeals of the State of New York
Oct 8, 1889
22 N.E. 1130 (N.Y. 1889)

In Roberts v. Ellwood (116 N.Y. 652) Judge FOLLETT, in writing for the Court of Appeals, says: "The second cause of action for money had and received is a kind of an equitable action in which the recovery, if had, must be according to what is just and good ex æquo et bono. * * * To have entitled the plaintiff to recover under this count the evidence should have shown that the defendants had received money from the plaintiff, which, in good conscience, the defendants ought not to have retained.

Summary of this case from State Bank v. Napier
Case details for

Roberts v. Ellwood

Case Details

Full title:ALPHA A. ROBERTS, Appellant, v . WILLIAM ELLWOOD Impleaded, etc.…

Court:Court of Appeals of the State of New York

Date published: Oct 8, 1889

Citations

22 N.E. 1130 (N.Y. 1889)
22 N.E. 1130
26 N.Y. St. Rptr. 727

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