Opinion
June 17, 1947.
Present — Cohn, Callahan, Peck and Van Voorhis, JJ. [See post, p. 1004.]
It appears that respondents have held open a return of the moneys or checks deposited by appellant since the time of discovery of their innocent mistake in purporting to sell a transfer of tax lien which no longer existed. Appellant can have no more than the restitution of the moneys or checks in the sum of $3,701 deposited by him. Judgment and order unanimously affirmed, without costs.