Belloff v. Dime Savings Bank of Williamsburgh
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, The Dime Savings Bank of Williams-burgh, from a judgment of the Supreme Court in favo.r of .the plaintiffs, entered in the office of the clerk of the county of Kings on the 13th day of April, 1906, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived. '
1Opinion of the Court
Milleb, J.:
This action is to recover moneys alleged to have been paid under a mistake of fact. Plaintiffs had judgment and the defendant appeals.
One William Barnes died July 2, 1885, leaving a last will and testament purporting to bequeath and devise all of his property to his wife. A child was born after the making of the will, which fact is shown by the record of the proceedings admitting the will' to probate. The. widow, apparently assuming that the devise to her was not affected by the subsequent birth of the child, assumed to convey certain real property owned by the testator. In 1901,…
2Cases cited8 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Mowatt v. WrightNew York Supreme Court · 1828
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
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3Cited by6 opinions
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- Payne v. . Witherbee, Sherman CompanyNew York Court of Appeals · 1911
- Travelers Insurance v. Nory Construction Co.New York Supreme Court · 2000
- Smith v. Hellman Motor Corp.City of New York Municipal Court · 1924
- New York City Employees' Retirement System v. EliotAppellate Division of the Supreme Court of the State of New York · 1934
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