Stewart v. Arendt
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of.the District Court in the city of Hew York' for the First Judicial District, in favor of the plaintiff. Action to recover a sum of money alleged to have been paid under a mistake of fact.
1Opinion of the CourtBischoff, J.
In form, the Action is for the recovery of money paid under a mutual mistake of the parties as to the requirements of a contract for the exchange of real property. The claim involved no question touching a reformation of the contract, and ■the action may, perhaps, be taken asxone for money had and received, since the fact of any mutual mistake was certainly refuted by the defendant.
For argument, then, we so,view the causo of action, bearing in mind the informal method of pleading and procedure' obtaining in the District Courts..The plaintiff was awarded by the. court below the difference…
Also in this document: Concurrence.
2Cases cited1 opinion
- Elmendorf v. LansingNew York Supreme Court · 1826
3Cited by1 opinion
- Philsim Realty Corp. v. Fulton Trust Co.New York Supreme Court · 1930