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. NapierOpinion
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.