The Kingston Bank v. . Eltinge
New York Court of Appeals
Appeal from a judgment of the General Term of the third district, affirming a judgment for the defendant entered upon the decision of the court, on a trial without a jury. The action was for money paid under a mistake of fact.
Read the full summary
Appeal from a judgment of the General Term of the third district, affirming a judgment for the defendant entered upon the decision of the court, on a trial without a jury. The action was for money paid under a mistake of fact. The following are the facts as found by the judge: On the 30th of J anuary, 1854, the Huguenot Bank duly recovered three several judgments in the Supreme Court, viz: One against Nicholas Elmendorf, William Hasten and Marius Schoonmaker, for $2,659.29 ; one against N. Elmendorf and M. Schoonmaker, $2,661.00; and the other against Nicholas Elmendorf alone, $1,031.69;…
1DissentDaniels, J.
The money which formed the subject of the present controversy, was derived from a sale of the steamboat Alida, made under executions issued upon judgments recovered by the plaintiff against her owner. The purchaser at the sale, by the consent of the plaintiff, made and delivered his note to the sheriff for the amount of his bid. And when the money in dispute was paid, it was paid by the purchaser upon judgments recovered against the same defendant in favor of the Huguenot Bank. At that time it was supposed by that bank, and also by the plaintiff, that the sale had in fact been made under the…
2Cases cited7 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Eddy v. SmithNew York Supreme Court · 1835
- Buel v. BoughtonNew York Supreme Court · 1846
- Rheel v. . HicksNew York Court of Appeals · 1862
- Moyer v. ShoemakerNew York Supreme Court · 1849
2 more not listed; retrieve them via the Exa API.