Gillig v. Grant
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hugh J. Grant, as receiver of the St. Nicholas Bank of New York, from a judgment of the Supreme Court in favor-of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of October, 1897, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 14th day of October, 1897, denying the defendant’s motion for a new. trial made upon the minutes. . This…
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Appeal by the defendant, Hugh J. Grant, as receiver of the St. Nicholas Bank of New York, from a judgment of the Supreme Court in favor-of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of October, 1897, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 14th day of October, 1897, denying the defendant’s motion for a new. trial made upon the minutes. . This action was brought to recover money received by the defend: ant as the proceeds of an execution sale against "the George…
1Opinion of the Court
Barrett, J. :
There are two grounds upon which the judgment in this action should be sustained: First, a party’s right to follow property upon which he has a lien into the hands of one who has received the property with knowledge of that lien, and who is not a bona fidei purchaser for value; second, the well-recognized exception to the general rule that money paid under a mistake of law cannot be recovered back, namely; where the money is so paid to an. officer of the court,
*598We should premise by saying that there was no question of either statutory or common-law restitution in this case.…
2Cases cited4 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- Gillig v. George C. Treadwell Co.New York Court of Appeals · 1897
- Cohen v. HershfieldNew York Court of Common Pleas · 1890
3Cited by11 opinions
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- Leonard v. GageCourt of Appeals for the Fourth Circuit · 1938
- Sando v. SmithAppellate Court of Illinois · 1925
- Oxenham v. MitchellCourt of Appeals of Maryland · 1931
- Carpenter v. SouthworthCourt of Appeals for the Second Circuit · 1908
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