American Security & Trust Co. v. Driggs — 233 N.Y. 590

Majority

p. 590

American Security and Trust Company, as Administrator de Bonis Non of the Estate of William H. Driggs, Deceased, Appellant, v. Louis L. Driggs, Respondent.

Headnote

Money had and receivedaction to recover an amount alleged to have been paid defendant as royalty due decedent’s estate.

American Security & Trust Co v. Driggs, 191 App. Div. 883 , affirmed.

(Argued March 22, 1922;

decided April 18, 1922.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 28, 1920, unanimously affirming a judgment in favor of the defendant entered upon a verdict directed by the court. Defendant being instrumental in procuring for another a large contract was paid a commission thereon. Plaintiff claiming that part of the amount received was paid as a royalty due its decedent’s estate brought this action to recover as for money had and received the amount thereof.

p. 591

George H. Fletcher and James H. Richards for appellant.

Arthur Garfield Hays and John Schulman for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.