Van Santen v. . Standard Oil Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint herein. (Reported below, 17 Hun, 140.) This was an action to recover back moneys alleged to have been paid by one Schulte, plaintiff’s assignee. The complaint alleged in substance the following facts: Schulte was the master of a vessel known as the “Laura and Gertrude.”
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint herein. (Reported below, 17 Hun, 140.) This was an action to recover back moneys alleged to have been paid by one Schulte, plaintiff’s assignee. The complaint alleged in substance the following facts: Schulte was the master of a vessel known as the “Laura and Gertrude.” The defendant, at the request of Edward Sohns, loaded this vessel with refined petroleum for him. The defendant, after the…
1Opinion of the CourtDanforth, J.
Upon the facts conceded by the demurrer to be true, the legal result is clearly with the plaintiff, and whether it' is reached by one or the other line of argument suggested by those facts, the justice of the case requires that the defendant, who must ultimately pay the money, should be required to do so in this action. As between Sohns and the defendant, the erroneous payment and receipt of money for the 110 barrels of oil created an obligation, binding the defendant for its repayment. The obligation attached upon it the moment the money was received; and this is so, although the defendant…
2Cases cited4 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Merchants Bank of Canada v. Union RailroadNew York Court of Appeals · 1877
- Ellis v. . WillardNew York Court of Appeals · 1854
3Cited by8 opinions
- Federal Kemper Insurance v. Western Insurance CompaniesMichigan Court of Appeals · 1980
- Maryland Casualty Co. v. H. A. Moss & Son, Inc.Michigan Supreme Court · 1936
- New Amsterdam Casualty Co v. Commercial Casualty InsuranceCity of New York Municipal Court · 1927
- State Bank v. WaterhouseSupreme Court of Connecticut · 1897
- McIntyre Bros. & Co. v. South Atlantic Steamship LineCourt of Appeals of Georgia · 1913
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