Lawrence v. . American National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover money alleged to have been paid by plaintiff to the defendant by mistake. The following facts appeared upon the trial.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover money alleged to have been paid by plaintiff to the defendant by mistake. The following facts appeared upon the trial. In November, 1865, Alfred A. Post opened an account with plaintiffs, as his brokers, for the purchase and sale of stocks, and deposited with them as security or margin various sums, making a total of $26,000. December 1, 1865, the plaintiffs returned, or loaned to said…
1Opinion of the Court
Earl, C.
On the 7th day of May, 1866, the plaintiffs made up a statement of their accounts with Post, which showed that there was a balance due to him of $10,643.20, and this sum they paid to the- defendant as his assignee. When they made this statement, by mistake, they omitted to charge Post with $5,000, which they had loaned him, and hence they overpaid the defendant the amount of this sum, with interest. This mistake was unknown to them, and was manifestly unknown to the defendant. Both parties must have supposed that the amount paid by the plaintiffs was the amount due, and hence there…
2Cases cited4 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Wheadon v. OldsNew York Supreme Court · 1838
- Union National Bank of Troy v. Sixth Bank of New YorkNew York Court of Appeals · 1871
- McDougall v. . CooperNew York Court of Appeals · 1865
3Cited by28 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- Spoon-Shacket Co. v. County of OaklandMichigan Supreme Court · 1959
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Ball v. . ShepardNew York Court of Appeals · 1911
- Kunkel v. KunkelSupreme Court of Pennsylvania · 1920
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