Dieckerhoff v. Alder
New York Court of Common Pleas
Appeal from trial term. Action by Emil Dieckerhoff and others against Otto Alder and another to recover back money alleged to have been paid by mistake. From a judgment entered on a verdict in favor of plaintiffs for $1,359.32, and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtDaly, C. J.
This was an action to recover back money paid to defendants under the following circumstances, as set out in the complaint: Plaintiffs remitted to defendants on September 28, 1892, 5,208.55 francs, in full payment of an invoice of goods; and again, on October 4,1892, by mistake, remitted the same amount in payment for the same goods. The complaint further alleged that the defendants retained the last-mentioned sum unlawfully to their own use; that it has been demanded from them; and that they have refused to pay the same, although plaintiffs have at no time been indebted in any sum which has…
2Cases cited2 opinions
- Popfinger v. . YutteNew York Court of Appeals · 1886
- Pease v. Delaware, Lackawanna & Western RailroadNew York Court of Common Pleas · 1882