Union National Bank of Troy v. Sixth Bank of New York
New York Court of Appeals
Appeal by the defendant from a judgment of the late General Term of the Supreme Court in the third district, affirming a judgment for the plaintiff upon the report of Justice Ingalls, as referee. The action was by the plaintiff, a hank doing business in the city of Troy, to recover a sum of money alleged to have been paid by it, under a mistake of fact, to the defendant, a bank in the city of New York.
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Appeal by the defendant from a judgment of the late General Term of the Supreme Court in the third district, affirming a judgment for the plaintiff upon the report of Justice Ingalls, as referee. The action was by the plaintiff, a hank doing business in the city of Troy, to recover a sum of money alleged to have been paid by it, under a mistake of fact, to the defendant, a bank in the city of New York. The facts, as they appear by the referee’s finding and the evidence, are these: The defendants having discounted for one Cregan a note of one Bassett, to Ashley, for $1,000, which was dated…
1Opinion of the CourtFolger, J.
The rule established by the class of cases, of which The Kingston Bank v. Eltinge (40 N. Y., 391) is one, is not questioned by the counsel for appellants. But he insists that there is a distinction between them and the case in hand. Admitting that there was a mutual mistake in supposing that the note was paid, when it was not paid, he claims that the respondents were negligent in not making inquiry and using the means at their hand for arriving at correct information of the facts. But as a sufficient answer to this, it is held that it is no bar to an action, that the party paying had the…
2Cases cited3 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Rheel v. . HicksNew York Court of Appeals · 1862
- Jackson ex dem. Bogert v. SchauberNew York Supreme Court · 1827
3Cited by19 opinions
- Ball v. . ShepardNew York Court of Appeals · 1911
- Mayer v. Mayor of New YorkNew York Court of Appeals · 1875
- City of Indianapolis v. McAvoyIndiana Supreme Court · 1882
- Lawrence v. . American National BankNew York Court of Appeals · 1873
- Wilmerding v. Postal Telegraph Cable Co.Appellate Division of the Supreme Court of the State of New York · 1907
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