4 Rob. 137 | La. | 1843
The plaintiff, a paymaster in the United States’ army, seeks to recover back from the defendants the sum of $629,50, as having been paid through error, on an account purporting to be the account of one W. Martin, a lieutenant of infantry, for his pay and emoluments from the 1st of October, 1839, to the 30th of June, 1840. It is alleged that the plaintiff informed the agent of the defendants who presented this account, that although it was not yet due, he was willing to pay the same before '
The record shows, that on the 21st of October, 1839, W. Martin transferred his pay accounts, for $638,50, to Messrs. Doak & Timms, near Fort Towson; who, in their turn, transferred them to the present defendants, in part payment of a note, and that the amount was credited to the transferrors on defendants’ books on the 18th of November following; that, on the 27th of June, 1840, the plaintiff paid the amount in question, and that on the 20th of July he went to the counting-house of defendants, and informed them that he had made the payment in error, as he had since discovered that at the time he made it, he had a circular notice from the department not to pay any money to Martin ; and that the defendants refused to refund the amount thus paid to them. There is an admission on record that W. Martin had already received his pay for the time charged in the account, or pay roll, and that no portion of the claim was due to him by the government. Under this state of facts, about which there is no dispute, it is obvi
Judgment affirmed.