Jaeger v. City of New York

Gaynor, J.:

The complaint is in substance that by a mutual mistake of fact the plaintiff’s intestate paid to the defendant and the defendant received of her a certain sum as and for a tax which had been levied against her real estate, but which had in fact never been levied against it.

The answer is in two paragraphs, as follows:

“ The defendant answering the amended complaint of the plaintiff denies any knowledge or information sufficient to form a belief as to the allegations of the complaint numbered, First, Second, Third, Fourth, Fifth, Sixth and Seventh.

“Further answering this defendant…