Opinion
[No. 34, October Term, 1935.]
Decided December 4th, 1935.
Payment — Under Mistake.
After a debtor had paid over a fund to a trustee for distribution to two of his creditors to be divided as their interests might appear, and the trustee had made the distribution one-half to each creditor, one of those creditors, who claimed that he should have received from the trustee the whole fund, could not, under an assignment from the debtor, assert a claim at law for the amount received by the other, as having been paid to him by the debtor under a mistake of fact.
Decided December 4th, 1935.
Appeal from the Court of Common Pleas of Baltimore City (FRANK, J.).
Action by George L. Weber against Mabel Weber, administratrix of J. Harry Weber, deceased. From a judgment for defendant, plaintiff appeals. Affirmed.
The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, and JOHNSON, JJ.
August W. Schnepfe, for the appellant.
Frederick H. Hennighausen, with whom were Hennighausen Stein on the brief, for the appellee.
Unreported cases.