Bernhard Mayer, Respondent v. the Mayor, Aldermen and Commonalty of the City of New York, Appellant

Summary

The New York Court of Appeals affirmed the judgment of the General Term granting the plaintiff recovery of money mistakenly paid to the city for an assessment on an adjoining lot. The court held that a payment made under a mistake of a material fact is recoverable unless the recipient's position has been altered such that restitution would be inequitable. It explained that the city received the money in its own right, not as an agent, and therefore could be required to return it.