Stafford v. Azbell

Citations

• 26 N.Y.S. 41
• 6 Misc. 89
• 55 N.Y. St. Rep. 487

Syllabus

<p>1. Action for Money Had and Received—Pleading.</p> <p>A complaint alleging an employment of plaintiff to prosecute an action for defendant; an agreement between them that the plaintiff should have half of the sum collected; a compromise of the case by the defendant, and the receipt by him of $4,000; a refusal to pay plaintiff his half of the amount; and a demand of judgment for $2,000, with interest,—states a cause of action for money had and received, which is not necessarily turned into an action for conversion by an averment that the money was received by defendant in fraud of plaintiff’s rights, and fraudulently misappropriated,</p> <p>3. Same—Order of Arrest.</p> <p>An order of arrest on the ground of injury to property does not alter the nature of the action as apparent on the pleadings.</p> <p>(Syllabus by the Court.)</p>