WEBER v. WEBER

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.

BOND, C.J., delivered the opinion of the Court.

Unreported cases.