Tinslar v. May , 8 Wend. 561 ( 1832 )

By the Court, Sutherland. J.

I think the motion for a new trial should be denied. The action for money had and received will lie.. The mistake was equivalent to so much money to the defendant; he had a credit to that amount, to which he was not entitled. The jury have found the fact of mistake, and there can be no doubt that ex aequo et bono the defendant ought to refund to the plaintiff.

New trial denied.