Mayer v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover back money alleged to have been paid to defendant by mistake. Plaintiff was the owner of lot No. 28, in block 98, fronting on Fifty-first street, in the city of New York. Said lot was assessed for the expense of paving said street.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover back money alleged to have been paid to defendant by mistake. Plaintiff was the owner of lot No. 28, in block 98, fronting on Fifty-first street, in the city of New York. Said lot was assessed for the expense of paving said street. An assessment was also made at the same time'upon the adjoining lot, No. 27, which was owned by another person. Plaintiff received a notice issued from the bureau of…
1Opinion of the CourtAndrews, J.
The general rule that money paid under a mistake of a material fact may be recovered back, although there was negligence on the part of the person making the payment, is subject to the qualification that the payment cannot be recalled when the position of the party receiving it has been changed in consequence of She payment, and it would be inequitable to allow a recovery. The person making the payment must, in that case, bear the loss occasioned by his own negligence. If circumstances exist which take the case out of the general rule, the burden of proving them rests upon the party resisting…
2Cases cited2 opinions
- The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854
- Union National Bank of Troy v. Sixth Bank of New YorkNew York Court of Appeals · 1871
3Cited by49 opinions
- Bacon v. BaconCalifornia Supreme Court · 1907
- Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Ball v. . ShepardNew York Court of Appeals · 1911
44 more not listed; retrieve them via the Exa API.