Boyer v. Pack
New York Supreme Court
Error to the Seneca common pleas. Mrs. Pack sued Boyer before a justice for money paid him by mistake. Non assumpsit was pleaded and the plaintiff recovered a judgment in the justice’s court, which was affirmed- on certiorari in the common pleas. The defendant held a bond and mortgage against the plaintiff, payable by instalments, with interest annually. The instalments and interest were not regularly paid, though some payments were from time to time made on account.
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Error to the Seneca common pleas. Mrs. Pack sued Boyer before a justice for money paid him by mistake. Non assumpsit was pleaded and the plaintiff recovered a judgment in the justice’s court, which was affirmed- on certiorari in the common pleas. The defendant held a bond and mortgage against the plaintiff, payable by instalments, with interest annually. The instalments and interest were not regularly paid, though some payments were from time to time made on account. Before the commencement of the suit the plaintiff’s agent and the defendant met for the purpose of adjusting the amount which…
1Opinion of the Court
By the Court, Jewett, J.
There is no dispute in respect to the facts in this case, and very little room, as I think, to differ as to the-principles of law which must control it.
It is a familiar principle which seems not to be denied here, that money paid by one to another, under a mistake as to facts, may be recovered back in an action for money had and received. (Mowatt v. Wright, 1 Wend. 355; Waite v. Leggett, 8 Cowen 195.) Was there an error of fact in this case 1 The fact supposed to exist was, that the interest at the time this money was paid to the defendant, had been correctly computed.…
2Cases cited2 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Mowry v. BishopNew York Court of Chancery · 1835
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- Davis v. KlingNew York Supreme Court · 1894
- Goddard v. Merchants BankThe Superior Court of New York City · 1848
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