Guaranty Trust Co. v. Schmidt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fritz Leopold Schmidt, Jr., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of February, 1919, denying his motion for leave to serve an amended answer.
1Opinion of the Court
Shearn, J.:
This action is brought to recover from the defendant the sum of $2,196.23 which the plaintiff claims to have overpaid by mistake to the defendant out of a partition fund deposited with the plaintiff under an order of the Supreme Court. The complaint alleges that on September 17, 1912, plaintiff had in its possession as the balance of a fund the sum of $4,392.47, which was the amount of the shares of one Linda Leggett and the defendant, on which day, erroneously believing that the whole of said sum was the defendant’s share, it paid to the defendant $1,442.47, and on October 29,…
2Cases cited1 opinion
- Muller v. City of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Ponticello v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1953
- Fitzgerald v. PrimmerNew York Supreme Court · 1955
- Rogers Peet Co. v. HillmanAppellate Division of the Supreme Court of the State of New York · 1922