Hubbard v. Blanchard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alva P. Blanchard, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of June, 1904, ■ upon the verdict of a jury rendered by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Miller, J.:
The plaintiff paid a paving assessment on the defendant’s premises, supposing the assessment was against adjoining property of his wife, and, after discovering his mistake, brought this action to recover the money so paid. It is well settled that-one person cannot make himself a creditor of another by voluntarily paying his debt. (National Bank of Ballston Spa v. Board of Supervisors, 106 N. Y. 488 ; Flynn v. Hurd, 118 id. 19.) It is unnecessary to discuss the authorities in tins State relied upon by the plaintiff, becatise they are all cases in which it was sought to recover from…
2Cases cited1 opinion
- First National Bank of Ballston Spa v. Board of SupervisorsNew York Court of Appeals · 1887
3Cited by2 opinions
- American Railway Express Co. v. HeilbrunnNew York Supreme Court · 1923
- Marinoff v. Natty Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005