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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... "
The Eastern Reporter: Containing All the Decisions of the States of Maine ... - Página 222
1886
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 4

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 páginas
...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...
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The Merchants' Magazine and Commercial Review, Volume 57

William B. Dana - 1867 - 492 páginas
...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...
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A Treatise on the Law Relating to Banks and Banking: With an Appendix ...

John Torrey Morse (Jr.) - 1870 - 600 páginas
...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...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 98

Great Britain. Courts - 1871 - 552 páginas
...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...
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The American Reports: Containing All Decisions of General ..., Volume 14

Isaac Grant Thompson - 1875 - 866 páginas
...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...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 2

1876 - 668 páginas
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 23-24

1885 - 1902 páginas
...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...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 5

Illinois. Appellate Court, James Bolesworth Bradwell - 1880 - 710 páginas
...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....
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Albany Law Journal, Volume 23

1881 - 556 páginas
...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."...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 81

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 páginas
...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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