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Shilling v. Willets

125 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1910-10-07 English

Contents

Majority

p. 1144
SHILLING, Appellant, v. WILLETS, Respondent.
(Supreme Court, Appellate Division, Second Department.
October 7, 1910.)

Headnote

Action by George B. Shilling against Andrew J. Willets.

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 $35, and that the law implies a promise on defendant’s part to repay the sum paid him by mistake.