Raccuglia v. Paine Webber, Inc.

Beasley, Judge.

Raccuglia challenges the grant of summary judgment on Paine Webber’s claim for money paid by mistake, on the ground that there are material fact issues regarding his defenses, among other issues. He *571had pled as one defense a chánge in position such that it would be inequitable to allow relief.

An investment account was opened in Raccuglia’s name with Paine Webber in 1984, bearing a certain number. Shortly thereafter, Paine Webber through clerical error issued a check to Raccuglia for $8,770.69, which should have been paid to the investor with another number. This latter number…