Town of Manlius v. Town of Pompey

This is an action brought by one town against another to recover a sum of money paid out by the plaintiff for the support of poor persons under a mistake of fact, it being alleged that the support of those poor persons was legally chargable to the defendant. Defendant has moved under rules 106 and 112 of the Rules of Civil Practice for judgment dismissing the complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action.

The facts alleged in the complaint, which for the purposes of this motion must be deemed to be true, are as follows: That one…