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MacMurray v. City of Long Beach

266 A.D. 679, 40 N.Y.S.2d 320, 1943 N.Y. App. Div. LEXIS 3828
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 15, 1943
StatusPublished
Cited by2 cases

This text of 266 A.D. 679 (MacMurray v. City of Long Beach) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Cite This Page — Counsel Stack

Bluebook (online)
266 A.D. 679, 40 N.Y.S.2d 320, 1943 N.Y. App. Div. LEXIS 3828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macmurray-v-city-of-long-beach-nyappdiv-1943.