MacMurray v. City of Long Beach

Appellate Division of the Supreme Court of New York

MacMurray v. City of Long Beach

266 A.D. 679, 40 N.Y.S.2d 320, 1943 N.Y. App. Div. LEXIS 3828

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1943·Published·Cited by 2 cases

Opinion

Carswell, Johnston and Lewis, JJ., concur; Adel and Taylor, JJ., dissent and vote to affirm, with the following memorandum: The complaint is sufficient to sustain a cause of action for money had and received. The material allegations which justify this conclusion are to the effect that the plaintiff paid and the defendant received moneys to be used and applied for certain purposes, and that the defendant wrongfully failed to use the same for the specified purposes, resulting in the unjust enrichment of the defendant. Plaintiff does not seek to recover under the contract which it is urged he breached.

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Carswell, Johnston and Lewis, JJ., concur; Adel and Taylor, JJ., dissent and vote to affirm, with the following memorandum: The complaint is sufficient to sustain a cause of action for money had and received. The material allegations which justify this conclusion are to the effect that the plaintiff paid and the defendant received moneys to be used and applied for certain purposes, and that the defendant wrongfully failed to use the same for the specified purposes, resulting in the unjust enrichment of the defendant. Plaintiff does not seek to recover under the contract which it is urged he breached.

MacMurray v. City of Long Beach, 266 A.D. 679, 40 N.Y.S.2d 320, 1943 N.Y. App. Div. LEXIS 3828 (N.Y. Ct. App. 1943).

Pincite

266 A.D. 679 (MacMurray v. City of Long Beach) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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