Manufacturers Hanover Trust Co. v. Chemical Bank

160 A.D.2d 113, 559 N.Y.S.2d 704, 1990 N.Y. App. Div. LEXIS 9075
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 2, 1990
StatusPublished
Cited by127 cases

This text of 160 A.D.2d 113 (Manufacturers Hanover Trust Co. v. Chemical Bank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manufacturers Hanover Trust Co. v. Chemical Bank, 160 A.D.2d 113, 559 N.Y.S.2d 704, 1990 N.Y. App. Div. LEXIS 9075 (N.Y. Ct. App. 1990).

Opinion

OPINION OF THE COURT

Sullivan, J.

Suing on, inter alia, a mistaken payment/money had and received cause of action, Manufacturers Hanover Trust Company (MHT) seeks to recover from Chemical Bank the first of two redundant electronic wire transfer payments in the amount of $223,280.74 made by it on September 9, 1983 to Chemical.

The following account, which is gleaned basically from the parties’ stipulation of facts, is undisputed. On or about September 7, 1983, MHT received wire transfer instructions from one of its Saudi Arabian correspondent banks to transfer $223,280.74 to Chemical for credit to the nine-digit Chemical account of Merrill Lynch (No. 066119146), in favor of Ali Hazza’s eight-digit Merrill Lynch account (No. 17708022).

On September 9, 1983, MHT sent a transfer message via [115]*115CHIPS, an acronym for Clearing House Interbank Payments System, to Chemical which omitted key information, specifically, the nine-digit Chemical account number to be credited, and the name of the intended recipient, Merrill Lynch, the owner of that account. MHT’s message provided only the name and eight-digit Merrill Lynch account number of Ali Hazza, the ultimate beneficiary. Chemical nevertheless credited MHT’s funds to Ali Hazza’s nine-digit Chemical account, the number of which was not contained in any instruction sent either by MHT’s Saudi correspondent bank to MHT, or by MHT to Chemical. Ali Hazza’s Chemical account had a negative balance of —$1,871,425.96 at the end of the prior day, September 8, 1983, and of —$1,404,010.80 at the end of the day of the transfer, September 9, 1983. When MHT realized, later that day, that a line had been omitted from the transmission, a second transfer order was executed, this time correctly, pursuant to which $223,280.74 was credited correctly by Chemical to Merrill Lynch’s Chemical account for further credit to Ali Hazza’s Merrill Lynch account.

About seven weeks later, on November 22, 1983, MHT received notice from the originating Saudi Arabian bank that it had been debited by MHT for two transfers instead of one. Having no knowledge that Ali Hazza maintained an account with Chemical, or that Chemical had credited MHT’s funds to an account for which no one had intended them, MHT concluded that there had been an inadvertent duplication, and assumed that Chemical had credited both transfers to Merrill Lynch’s Chemical account. Accordingly, on November 28, 1983, MHT, identifying both, requested Chemical to return the second of the two transfers in return for MHT’s indemnity against any claims made against Chemical. Chemical, on November 30, 1983, refused MHT’s request on the ground that it was seeking debit authority from Merrill Lynch. The negative balances in Ali Hazza’s Chemical account on November 28, and 30, 1983, the dates of MHT’s request for the return of its funds and of Chemical’s rejection of MHT’s offer of indemnity, were —$2,534,009 and —$2,598,812.92, respectively, Merrill Lynch refused debit authority to Chemical on December 29, 1983 because the funds it had received "were due to Merrill Lynch”. Chemical communicated Merrill Lynch’s refusal to MHT on January 3,1984.

Although Chemical immediately notified Merrill Lynch that the first transfer had gone directly to Ali Hazza, the ultimate beneficiary, at no time did Chemical inform MHT that it had [116]*116credited the first transfer to an Ali Hazza account at Chemical, not to Merrill Lynch’s Chemical account. Instead, Chemical indicated to MHT that, since Merrill Lynch had refused debit authority, MHT would have to seek return of its funds from Ali Hazza. As a consequence, MHT had to approach Ali Hazza through its Bahrain branch. Approximately 11 months later, on October 18, 1984, Ali Hazza wired debit authority to Chemical in favor of MHT. Chemical, however, refused to honor Ali Hazza’s debit authority, or to return MHT’s funds. At the time, the negative balance in Ali Hazza’s Chemical account was —$1,373,100.06. It should be noted that on the date Chemical received Ali Hazza’s debit authority, Ali Hazza’s overdraft was substantially lower than on the date Chemical had credited MHT’s funds to Ali Hazza’s account.

The final negative balance of Ali Hazza’s account totaled $1,186,765.40 (approximately $900,000 in principal and $300,000 in interest), which was written off by Chemical. Had it not credited to that account the first of MHT’s September 9, 1983 wire transfer payments, Chemical would have had to write off approximately $225,000 more, plus interest. On October 4, 1984, MHT recredited the originating Saudi bank with the amount of the erroneous first transfer to Chemical.

After Chemical refused MHT’s demand that it debit Ali Hazza’s account and repay the erroneous transfer, MHT brought this action. Although its complaint asserted three causes of action—mistaken payment/money had and received, money lent, and conversion—MHT moved for summary judgment only on its mistaken payment/money had and received claim. Chemical cross-moved for summary judgment dismissing the complaint in its entirety, arguing that during the year from September 1983 to September 1984, while MHT was either pressing for the return of the correct transfer or, as it argues, doing nothing, Ali Hazza went from an active firm, able to cover hundreds of thousands of dollars in debits each week, to a dormant bankrupt, without business or funds. Thus, Chemical argued, since it had become unable to recoup any judgment in MHT’s favor by suing Ali Hazza, MHT should suffer the loss because it was MHT’s mistake and subsequent delay which gave rise to the unfortunate circumstances presented. The IAS court granted MHT’s motion, holding, on the stipulated facts, that it had "established its entitlement to summary judgment on its claim for funds mistakenly paid.” The court found that Chemical had "credited an overdrawn account, which act taken in reliance upon [117]*117the mistaken payment, ultimately resulted in a reduction of [Chemical’s] loss on that account [and t]hus, far from changing its position to its detriment, [Chemical] actually benefitted from [MHT’s] mistaken payment.” By virtue of its grant of summary judgment on MHT’s first cause of action, the court, without reaching the merits, dismissed the second and third causes of action as duplicative.

The principle that a party who pays money, under a mistake of fact, to one who is not entitled to it should, in equity and good conscience, be permitted to recover it back is long standing and well recognized (Ball v Shepard, 202 NY 247, 253) and applies even if the mistake is due to the negligence of the payor (see, e.g., Manufacturers Trust Co. v Diamond, 17 Misc 2d 909 [App Term, 1st Dept]; Mutual Life Ins. Co. v William B. Kessler, Inc., 25 Mise 2d 242, 243). The rule has its underpinnings in unjust enrichment (see, Miller v Schloss, 218 NY 400) and rests "upon the equitable principle that a person shall not be allowed to enrich himself unjustly at the expense of another. * * * It is an obligation which the law creates, in the absence of any agreement, when and because the acts of the parties or others have placed in the possession of one person money * * * under such circumstances that in equity and good conscience he ought not to retain it” (supra, at 407). Noting its equitable origins, the court in Byxbie v Wood (24 NY 607) stated, "Having money that rightfully belongs to another, creates a debt; and wherever a debt exists without an express promise to pay, the law implies a promise” (supra, at 610).

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Cite This Page — Counsel Stack

Bluebook (online)
160 A.D.2d 113, 559 N.Y.S.2d 704, 1990 N.Y. App. Div. LEXIS 9075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manufacturers-hanover-trust-co-v-chemical-bank-nyappdiv-1990.