26 N.Y.S. 590 | N.Y. Sup. Ct. | 1893
The defendant, as sheriff of the city and county of New York, about the 1st of May, 1890, took possession of the entire stock of goods then possessed by Feckheimer, Rau & Co., under executions issued against them. Such goods included certain
The trial resulted, as we think correctly, in a dismissal of the complaint upon the merits. The general rule is that money paid in satisfaction of a legal judgment cannot be recovered back, though not justly due from the defendant. Insurance Co. v. Robinson, 82 Pa. St. 357-359; Insurance Co. v. Heath, 95 Pa. St. 333-340; 6 Amer. & Eng. Enc. Law, 75, and cases cited. An exception to the rule is where the money is paid in satisfaction of an erroneous judgment, which is subsequently reversed or set aside. In such case the money paid may be recovered back. Scholey v. Halsey, 72 N. Y. 578; Peyser v. Mayor, etc., 70 N. Y. 497; Insurance Co. v. Heath, supra. And it is not necessary, in order to maintain the action, that the payment should have been coerced by execution; it is sufficient if paid after judgment. Lott v. Swezey, 29 Barb. 87; Scholey v. Halsey, supra; Peyser v. Mayor, etc., supra. The cases cited by the appellants are not in conflict with the rule asserted. Aside from those already referred to, they call attention to Bank of the Commonwealth v. Mayor, etc., 43 N. Y. 188; Phelps v. Mayor, etc., 112 N. Y. 216, 19 N. E. 408; and Vaughn v. Village of Port Chester, (N. Y. App.) 32 N. E. 137. In Bank of the Commonwealth v. Mayor, etc., a municipal corporation collected a tax from the plaintiff, which was unlawfully assessed; and, the assessment being subsequently annulled, in proceedings taken for that purpose, it was held that the corporation was bound to refund the money which it had unlawfully