6 ms·
Inept judge, or certainly one not steeped in the ways of finance. People make wire errors all the time. Fraud occurs, things happen. I haven’t read the statute
by Friedduck 6y ago
Inept judge, or certainly one not steeped in the ways of finance. People make wire errors all the time. Fraud occurs, things happen. I haven’t read the statute but as written the exception doesn’t even apply (Citibank being an agent and not the lender.)
- bdowling 6y agoFrom the 105 page opinion [0], here is the relevant statement of law: > A creditor of another or one having a lien on another’s property who has received from a third person any benefit in discharge of the debt or lien, is under no duty to make restitution therefor, although the discharge was given by mistake of the transferor as to his interests or duties, if the transferee made no misrepresentation and did not have notice of the transferor’s mistake. RESTATEMENT (FIRST) OF RESTITUTION § 14(1) (Am. Law Inst. 1937). (Note: The ALI Restatements are not law per se. This section, however, was explicitly adopted by the New York Court of Appeals in a prior case. Here, the federal court applies this law because it is the relevant law of New York.) [0] https://www.courtlistener.com/recap/gov.uscourts.nysd.542310/gov.uscourts.nysd.542310.243.0_2.pdf https://www.courtlistener.com/recap/gov.uscourts.nysd.542310... at p. 36.