Tinslar v. May
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit in June, 1830, before the Hon. James Vanderpoel., one of the circuit judges. The declaration contained the common money counts.
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This was an action of assumpsit, tried at the Rensselaer circuit in June, 1830, before the Hon. James Vanderpoel., one of the circuit judges. The declaration contained the common money counts. The plaintiff proved that in the settlement of a bond and mortgage which he held against the defendant, the defendant was credited by mistake with $136,32, the interest of the principal sum due the plaintiff for the year ending on the 1st April, 1825; that the settlement took place on the 2d April, 1830, when the sum of $1448,61 was paid to the plaintiff, and the bond and mortgage assigned by the…
1Opinion of the Court
By the Court, Sutherland. J.
I think the motion for a new trial should be denied. The action for money had and received will lie.. The mistake was equivalent to so much money to the defendant; he had a credit to that amount, to which he was not entitled. The jury have found the fact of mistake, and there can be no doubt that ex aequo et bono the defendant ought to refund to the plaintiff.
New trial denied.
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