Summary
In Simmons, the Court stated that the basis of the doctrine of restitution is that "the party who received the money has no basis for retaining it... [and] has received money of another to which he was not entitled."
Summary of this case from Prudential Ins. Co. of America v. CouchOpinion
October, 1922.
Judgment reversed, with costs, and judgment directed in favor of the plaintiff. This court finds the facts alleged in the third paragraph of the complaint and remits the case to the Special Term for determination of the question of alimony and the entry of an interlocutory decree of divorce, with costs. Blackmar, P.J., Kelly, Manning, Kelby and Young, JJ., concur. Settle order upon notice before Mr. Justice Kelly.