Rosenblum Realty Co. v. Knepper

Headnote

Money had and received — duress — action to recover money paid to secure forbearance of threatened foreclosure of mortgage.

Rosenblum Realty Co., Inc., v. Knepper, 222 App. Div. 737 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1927, affirming a judgment in favor of defendant-respondent entered upon a dismissal of the complaint by the court at a Trial Term. The action was for money had and received alleged to have been

paid under duress. The complaint alleged that defend-. ant-respondent was agent for one who held a mortgage on premises owned by plaintiff; that plaintiff mailed defendant-respondent a check for interest due but defendant-respondent claiming the interest had not been paid threatened foreclosure and demanded for forbearance the sum of one thousand dollars, which she paid in addition to legal interest.