Goddard v. Merchants Bank
The Superior Court of New York City
This was an action of assumpsit, tried in June, 1848. The object of the suit was to recover the amount of a forged draft paid to the defendants, by the plaintiffs, supra protest, for the honor of the alleged drawers. The draft was for $1000, dated Cleveland, Ohio, August 28, 1847, and purported to be drawn by S. H. Mann, cashier of the Canal Bank, upon the American Exchange Bank of New York, payable to the order of E. S. Moore.
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This was an action of assumpsit, tried in June, 1848. The object of the suit was to recover the amount of a forged draft paid to the defendants, by the plaintiffs, supra protest, for the honor of the alleged drawers. The draft was for $1000, dated Cleveland, Ohio, August 28, 1847, and purported to be drawn by S. H. Mann, cashier of the Canal Bank, upon the American Exchange Bank of New York, payable to the order of E. S. Moore. On the 15th of September, 1847, the draft was brought to the bank of Rutland, Vermont, by a person who was introduced to the cashier as E. S. Moore, and who, it was…
1Opinion of the CourtBy the Court. Vanderpoel, J.
It is now too well established to admit of doubt or controversy, that money paid under a mistake of facts, can be recovered back, in an action for money had and received. (Boyer v. Pack, 2 Denio, 107 ; Mowatt v. Wright, 1 Wend. 355 ; Bank of Orleans v. Smith, 3 Hill, 560.) It is conceded that the draft which the plaintiffs paid to the defendants, was a forgery; and the only question is, upon whom the loss should fall. Questions of this description are not always free from difficulty; as the decisions of the courts, especially those in England, have not always been consistent as to payment by…
2Cases cited2 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Boyer v. PackNew York Supreme Court · 1846
3Cited by5 opinions
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