
    Rosenblum Realty Co., Inc., Appellant, v. Herman Knepper, Respondent, Impleaded with Another.
    
      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.
    (Argued April 30, 1928;
    decided May 11, 1928.)
    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.
    
      Louis Jay for appellant.
    
      Joseph Rosenzweig for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  