Shilling v. Willets

140 A.D. 896 Court N.Y. App. Div. English

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Majority

p. 896

George B. Shilling, Appellant, v. Andrew J. Willets, Respondent.

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.