New York Court of Appeals

John C. Southwick, Respondent v. the First National Bank of Memphis, Appellant

March 8, 188184 N.Y. 420

Summary

The New York Court of Appeals reversed the judgment for the plaintiff, holding that the complaint failed to state a valid cause of action for conversion or for recovery of money paid by mistake because no demand was made, the alleged mistake was not of an existing fact, and the pleadings could not be amended after trial to conform to the proof.