
    William B. Duncan et al., Appellants, v. Jacob Berlin et al., Respondents.
    Where money is paid under a mistake of fact, negligence in making the mistake does not prevent the party paying from recovering it back, if the other party has not been prejudiced.
    (Submitted June 22, 1871;
    decided September 5, 1871.)
    Plaintiffs, bankers in Rew York, had an account with H. Blagge & Co., of Texas, and supposed there was a balance due that firm. Defendants, creditors of B. & Co., attached the balance, obtained judgment, and plaintiffs paid over to the sheriff, bn the execution, under protest, $2,924.33. Upon settling the accounts, it was discovered that but $1,000 was due on the account. To recover back the $1,924.33, this action was brought. Judgment was given for defendants, which was affirmed by the General Term.
    
      W. D. White, for appellants.
    
      F. O. Gantine, for respondents.
   Rapallo, J.,

reads opinion for reversal and new trial.

All concur.

Judgment reversed.  