Filgo v. . Penny

delivered the opinion of the Court:

The case states, that there was no evidence of a special agreement, and the only evidence to support the money counts was, that the Plaintiff had, by mistake, paid to the Defendant a fifty dollar bank note for a five dollar bank note. A bank note is not money, and does not differ in its nature from any other promissory note payable to bearer. A delivery by mistake of any thing, except money, does not pass the property in the thing delivered, and cannot raise an implied promise to pay-money. Let the rule for a new trial be made absolute.