Sharkey v. . Mansfield
New York Court of Appeals
Appeal from judgment of the General Term of the city-court of Brooklyn, entered upon an order made October 1, 1880, which affirmed a judgment in favor of defendant, and affirmed an order denying a motion for a new trial. This action was brought to recover a balance alleged to be due for work and material in building a stone pier in the Gowanus canal.
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Appeal from judgment of the General Term of the city-court of Brooklyn, entered upon an order made October 1, 1880, which affirmed a judgment in favor of defendant, and affirmed an order denying a motion for a new trial. This action was brought to recover a balance alleged to be due for work and material in building a stone pier in the Gowanus canal. Plaintiff claimed that the work, save some extra work, was to be done for a gross sum, and that no price was fixed for the extra work; defendant claimed the agreement to be that the work should be paid for at a specified price per cubic yard. He…
1Opinion of the CourtFinch, J.
This is not a case of money paid under a mutual mistake, where the action of each party was equally innocent. The mistake was that of the party who paid, and not at all that of the one who received the amount in dispute. The plaintiff was employed by the defendant to build a stone pier in the Growanus canal. The precise terms of the contract, and the amount due for construction were sharply litigated on the trial; but the verdict of the jury establishes that there was an over-payment mistakenly made by the defendant. His right to recover back is resisted, mainly upon the ground that…
2Cases cited3 opinions
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- Abbott v. DraperNew York Supreme Court · 1847
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- Martin v. . Home BankNew York Court of Appeals · 1899
- Furey v. GravesNew York Supreme Court · 1933
- Mitchell v. California-Pacific Title InsuranceCalifornia Court of Appeal · 1926
- Bledsoe v. StuckeyCalifornia Court of Appeal · 1920
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