Shilling v. Willets

Full title: George B. Shilling, Appellant, v. Andrew J. Willets, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1910

140 App. Div. 896 (N.Y. App. Div. 1910)

Opinion

October, 1910.

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the defendant's agents had the implied authority to make the agreement for the payment of the thirty-five dollars, and that the law implies a promise on defendant's part to repay the sum paid him by mistake. Woodward, Jenks, Thomas, Rich and Carr, JJ., concurred.