Ball v. . Shepard
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court .in the first judicial department, entered January 5, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court .in the first judicial department, entered January 5, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying the defendants’ motion to dismiss because by the uncontradicted evidence it appears that the defendants received' the money sought to be recovered back in the regular course of an ordinary business transaction for a valuable consideration and without knowledge of the mistake of fact…
1Opinion of the CourtWerner, J.
The plaintiffs and defendants, respectively, are firms of brokers, each doing business in the city of Yew York under the form of a limited partnership. The action is brought to recover the sum of $24,906.25, which the plaintiffs claim to have paid to the defendants under a- mistake of fact. The amended complaint, which rather vaguely presents the transaction in which this payment was made, alleges that in the course of the plaintiffs’ business with the defendants and others, the plaintiffs frequently receive at their office various stocks and bonds which have been purchased or ordered by…
2Cases cited12 opinions
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- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
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3Cited by51 opinions
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- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
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