Money Had and Received Sample Clauses

Money Had and Received. To establish a claim for money had and received, the plaintiff must show that “(1) defendant received money belonging to plaintiff; (2) defendant benefitted from receipt of money; and (3) under principles of equity and good conscience, defendant should not be permitted to keep the money.”3 Xxxxxxx, 2016 WL 3181157, at *4 (quoting Panix Promotions, Ltd. x. Xxxxx, No. 01 Civ. 2709, 2002 WL 122302, at *2 (S.D.N.Y. Jan. 22, 2002)). “Traditionally, the remedy for money had and received is available if one man has obtained money from another, through the medium of oppression, imposition, extortion, or deceit, or by the commission of a trespass.” Id. (quoting Panix, 2002 WL 122302, at *2). The complaint alleges that Xx. Xxxxxx came into possession of Xx. Xxxxxxxxxx’x former retainer, and that Xx. Xxxxx did not agree that Xx. Xxxxxx would be entitled to it. (Compl., ¶¶ 23, 30). Furthermore, the complaint alleges that Xx. Xxxxxx falsely reassured Xx. Xxxxx that he would remit Xx. Xxxxxxxxxx’x retainer, 3 “The cause of action for money had and received ‘is essentially identical to a claim of unjust enrichment.’” Xxxxxxx x. Xxxxxx, No. 15 Civ. 6414, 2016 WL 3181157, at *4 n.3 (S.D.N.Y. June 3, 2016) (quoting Xxxxx x. Xxxxxxxx, No. 14 Civ. 941, 2015 WL 5737320, at *4, n.4 (S.D.N.Y. Sept. 30, 2015), appeal dismissed (Jan. 7, 2016) (collecting cases)). but Xx. Xxxxxx never returned it. (Compl., ¶¶ 23-24). Thus, the plaintiff has alleged facts that satisfy the elements of a money had and received claim.
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