 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 sider
...Bank, 5 Sand/., 423 ; Merchants' Bank v. Mclntyre, 2 Id., 431. 61. Forged paper. The general rule is, that money paid under a mistake of fact may be recovered back. An exception arises where the acceptor of a bill has paid it, not knowing that it is a forgery. This... | |
 | William B. Dana - 1867 - 490 sider
...pay, and if he has paid he cannot recover the money back. This is an exception to the general rule, that money paid under a mistake of fact may be recovered back. The exception is fully established." To the same effect is the case of The Bank of Commerce against... | |
 | John Torrey Morse (Jr.) - 1870 - 600 sider
...This method of viewing the matter saves the necessity of breaking the grand fundamental rule of law that money paid under a mistake of fact may be recovered back. For the fact in this case is one which the drawee has no right to mistake. The law refuses to hear... | |
 | Great Britain. Courts - 1871 - 552 sider
...to be mistaken) that the moiety of the profits for the three years amounted to 1800/. The rule is, that money paid under a mistake of fact may be recovered back, ilthough the party paying it had the means of knowing that it was not due, or even once had actual... | |
 | Isaac Grant Thompson - 1875 - 866 sider
...Com. v. Union Bank, 3 Comst. 236. RAPALLO, J. It is now settled, both in England and in this State, that money paid under a mistake of fact may be recovered back, however negligent the party paying may have been in making the mistake, unless the payment has caused... | |
 | 1876 - 668 sider
...verdict and judgment for the plaintiff, from which the defendant appealed. ffeld, The general rule is .that money paid under a mistake of fact may be recovered back, and that, too, although the party may have had the means of knowledge. On gence general principles... | |
 | 1885 - 1902 sider
...members, and from that day shall become operative and binding." There is no doubt of the general principle that money paid under a mistake of fact may be recovered back ; but it is equally true and equally a fundamental proposition of law that parties who are competent... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1880 - 710 sider
...1ll. 361; Stafford v. Fargo, 85 1ll. 481. Lloyd v. Thompson. Messrs. BENTI.EY & QUIGG, for appellee; that money paid under a mistake of fact may be recovered back, and may be the subject of set-off, cited Rev. Stat. Ch. 110, § 30; Delinquent Lands of Ford Co. v.... | |
 | 1881 - 556 sider
...unjust to refund it. In 2 Dan. .Veg. Instr., § 1369, it is said : "It is a general principle of law, that money paid under a mistake of fact may be recovered back. And now the doctrine is favored that even negligence in making the mistake is no bar to recovery."... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882 - 690 sider
...Negotiable Instruments, at section 1369, 2d ed., vol. 2, p. 343, says: "It is a general principle of law that money paid under a mistake of fact may be recovered back. And accordingly, where one pays money on forged paper by discounting or cashing it, he can always recover... | |
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It is now settled, both in England and in this state, that money paid under a mistake of fact may be recovered back, however negligent the party paying may have been in making the mistake, unless the payment has caused such a change in the position of... 
