Torretto v. Mutual Aid Society of Campofiorito

Appellate Terms of the Supreme Court of New York

Torretto v. Mutual Aid Society of Campofiorito

116 N.Y.S. 740

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 7, 1909

StatusPublished

This text of 116 N.Y.S. 740 (Torretto v. Mutual Aid Society of Campofiorito) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Torretto v. Mutual Aid Society of Campofiorito, 116 N.Y.S. 740 (N.Y. Ct. App. 1909).

Pincite

Opinion

GILDERSLEEVE, P. J.

The plaintiff was the treasurer of the defendant from some time in 1904 until August, 1907, when he resigned. When his accounts were made up, the secretary asked the plain[741]*741tiff for the interest on the money deposited by the plaintiff belonging to the society for the time plaintiff had been its treasurer. Plaintiff testifies that' in the year 1906 “there was no interest, because the bank did not give me any, and in 1907 there was no interest.” The following questions were then asked, and answers given:

“Q. Did the society demand that you pay any interest? A. Yes; the society asked me to pay that interest. Q. Did you pay it? A, I paid it, and now I want it.”

The foregoing is the basis of plaintiff’s claim. The amount sued .for, and for which he got judgment, was $33. It is not claimed that the plaintiff paid the money under duress, or that he and the defendant were laboring under any mutual mistake of fact; nor were any false statements made to him to induce such payments. The society simply asked the plaintiff for the interest for a time during which the plaintiff now claims he received none, and that fact he knew when he was asked to pay. Nevertheless he voluntarily and with full knowledge of all the facts paid the same. Under such circumstances he has no redress. Belloff v. Dime Savings Bank, 118 App. Div. 20, 103 N. Y. Supp. 273. There is no foundation for the judgment, and it must be reversed.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

GILDERSLEEVE, P. J.

The plaintiff was the treasurer of the defendant from some time in 1904 until August, 1907, when he resigned. When his accounts were made up, the secretary asked the plain[741]*741tiff for the interest on the money deposited by the plaintiff belonging to the society for the time plaintiff had been its treasurer. Plaintiff testifies that' in the year 1906 “there was no interest, because the bank did not give me any, and in 1907 there was no interest.” The following questions were then asked, and answers given:

“Q. Did the society demand that you pay any interest? A. Yes; the society asked me to pay that interest. Q. Did you pay it? A, I paid it, and now I want it.”

The foregoing is the basis of plaintiff’s claim. The amount sued .for, and for which he got judgment, was $33. It is not claimed that the plaintiff paid the money under duress, or that he and the defendant were laboring under any mutual mistake of fact; nor were any false statements made to him to induce such payments. The society simply asked the plaintiff for the interest for a time during which the plaintiff now claims he received none, and that fact he knew when he was asked to pay. Nevertheless he voluntarily and with full knowledge of all the facts paid the same. Under such circumstances he has no redress. Belloff v. Dime Savings Bank, 118 App. Div. 20, 103 N. Y. Supp. 273. There is no foundation for the judgment, and it must be reversed.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

116 N.Y.S. 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torretto-v-mutual-aid-society-of-campofiorito-nyappterm-1909.

Opinion

Related

Cite This Page — Counsel Stack