Peirson v. Lloyds First Mortgage Co.
This text of 234 A.D. 627 (Peirson v. Lloyds First Mortgage Co.) 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.
Opinion
Judgment reversed upon the law and a new trial granted, costs to appellant to abide the event. TMs is an action upon the theory of money had and received. Notwithstanding the foreclosure action by the defendant, the plaintiff in that action, there remained for disposition in tMs action the conditions specified in paragraphs 1 and 2 of plaintiffs’ Exhibit A, annexed to the complaint. There is no evidence in the record of compliance with these conditions. The foreclosure action eliminated all other questions and conditions subject to wMch the money is claimed to have been deposited with the defendant by the plaintiffs. Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.
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234 A.D. 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peirson-v-lloyds-first-mortgage-co-nyappdiv-1931.