Michigan v. Phœnix Bank
The Superior Court of New York City
This action comes before the General Term on an appeal by the defendants from a judgment entered against them at Special Term, in favor of the plaintiffs, on the 3d of July, 1857, for $42,152.97. It was tried in April, 1.857, before Mr. Justice Hoffman, without a jury. The action was brought to recover back from the defendants the sum of $35,603.74, paid to them by the plaintiffs on the 4th of December, 1854, and the interest thereon.
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This action comes before the General Term on an appeal by the defendants from a judgment entered against them at Special Term, in favor of the plaintiffs, on the 3d of July, 1857, for $42,152.97. It was tried in April, 1.857, before Mr. Justice Hoffman, without a jury. The action was brought to recover back from the defendants the sum of $35,603.74, paid to them by the plaintiffs on the 4th of December, 1854, and the interest thereon. That sum was so paid to the defendants as owners of a claim against the plaintiffs to that amount, which had been assigned to the defendants by the President…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The important questions arising on this appeal, are:
' 1. What is the force and effect of a decision by the “ Board of State Auditors of the State of Michigan,” upon a claim within their jurisdiction; that it is just, and that a sum which they specify is justly due from that State to the claimant; and of actual payment, by the proper officer of the State, in pursuance of such decision, of the sum so decidec( to be due?
2. Can the money so paid be recovered back on the mere grounds that, upon the merits, no sum was due, and that the Board made their decision ignorant…
2Cases cited8 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
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