White v. . Continental National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover back money paid by plaintiffs to defendant, upon an altered sight draft drawn upon plaintiffs by their correspondent in Buffalo. — The draft was drawn for the sum of twenty-seven dollars.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover back money paid by plaintiffs to defendant, upon an altered sight draft drawn upon plaintiffs by their correspondent in Buffalo. — The draft was drawn for the sum of twenty-seven dollars. After its delivery to the payee, and before presentation and acceptance, it was altered so as to change the amount to $2,750. It was sent…
1Opinion of the CourtAllen, J.
The right of a party paying money to another under a bona fide forgetfulness or ignorance of facts, to recover it back from one who is not entitled to receive it, is well established. The equitable action for money had and received will lie against one who has received money which in conscience does not belong to him. (Kelly v. Solari, 9 M. & W., 54; The Bank of Orleans v. Smith, 3 Hill, 560.)
The doctrine has been applied, repeatedly, in cases analogous to the present. (Bank of Commerce v. The Union Bank, 3 Comst., 230; The Continental National Bank v. The National Bank of the Commonwealth,…
2Cases cited3 opinions
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Erwin v. . DownsNew York Court of Appeals · 1857
3Cited by40 opinions
- Matarese v. Moore-McCormack Lines, Inc.Court of Appeals for the Second Circuit · 1946
- Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
- United States v. National Exchange Bank of ProvidenceSupreme Court of the United States · 1909
- Crawford v. . West Side BankNew York Court of Appeals · 1885
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