Schlaefer v. Heiberger — 22 N.Y. St. Rep. 843

Majority

p. 843

Charlee F. Schlaefer, App’lt, v. William Heiberger, Resp’t.

(Supreme Court, General Term, Second Department, Filed February 11, 1889.)

Headnote

Payment—Money voluntarily paid—Recovery.

Where one voluntarily and not induced by false representations or acting under a mistake or misconception of the facts, pays a just debt of another person, he cannot recover back the money so paid.

Appeal from a judgment of the Kings county court affirming a judgment of a justice’s court.

Cameron & Kroop, for app’lt; James F. Quigley, for resp’t.

—The defendant in this action had a bill against the father of the plaintiff, and he caused it' to be presented to the plaintiff’s wife and she paid it voluntarily.

This action was then commenced in a court of a justice of the peace for the recovery of the money.

The defendant had judgment in the first court which was affirmed on appeal to the county court and now the plaintiff has brought the case here on appeal.

The payment was not induced by false representations and there was no mistake or misconception of fact, and the payment resulted in the discharge of a just debt, and we find no reason for interference with the judgment.

The judgment should, therefore, be affirmed, with costs. „ All concur.