Newburgh Savings Bank v. Town of Woodbury
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 14, 1901, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 14, 1901, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The rule applied by the Appellate Division' that money paid under a mistake of law is “ beyond the power of recall,” is not applicable to the facts of this case. (2 Pom. Eq. Juris. § 842; Tiedeman’s Eq. Juris. §§ 188, 189; Moulton v. Bennett, 18 Wend.…
1Opinion of the CourtO’Brien, J.
On the first day of 'February, 1894, the plaintiff purchased from the supervisor of the town of Woodbury, one of the organized towns of Orange county, four bonds of one thousand dollars each, issued by the town, bearing date on that day and payable respectively in one, two, three and four years thereafter. The bonds were authorized to be issued by the board of supervisors of the county, under chapter 664 of the Laws of 1892, for the relief of certain persons drafted into the military service of the United States under the act of Congress passed March 3, 1863, known as the Conscription Act.…
2Cases cited13 opinions
- Knox v. LeeSupreme Court of the United States · 1871
- American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
- Lyon v. RichmondNew York Court of Chancery · 1816
- Flower v. . LanceNew York Court of Appeals · 1875
- Bush v. . Board of SupervisorsNew York Court of Appeals · 1899
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3Cited by18 opinions
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- Payne v. . Witherbee, Sherman CompanyNew York Court of Appeals · 1911
- Quiñones v. Comisión Industrial de Puerto RicoSupreme Court of Puerto Rico · 1942
- Blumenthal v. United StatesDistrict Court, S.D. California · 1925
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