Cass. Civ. Section III. - Decision No. 26052 of October 30, 2008
any payment is made in the hands of a creditor apparent effect on release, provided that the debtor has in good faith and without negligence considered the creditor entitled to receive it. The circumstances surrounding the erroneous payment was excusable inferred to be derived from the conduct is particularly dell'accipiens, both the real creditor, and shall be deemed to exist a situation of seemingly excusable in all cases where the two have performed so suggest that each was the representative of the other. Applying this principle, the SC quashed the ruling on the merits, with which it was considered not releasing the payment of that cargo performed by a commercial company in the hands of someone other than the seller (also a commercial company), in a case where the accipiens was found to be the father of members of the selling company, had conducted the negotiations for the conclusion of the deal, he turned to the company selling part of the payments received, and had used the offices of the vendor to send faxes during the negotiations.
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