New York Court of Appeals December 1, 1880 (Horn v. . Town of New Lots)

Folger, Ch. J.

This case comes here on appeal from a judgment sustaining a demurrer to the complaint. The ground of demurrer is that the facts stated in the complaint do not show a cause of action against the defendant. The action may be called one for money had and received by the defendant to the use of the plaintiff.