 | Robert Joseph Pothier - Civil law - 1806 - 728 pages
...infancy, which in juftice he ought to difcharge, though the law would not have compelled the payment, yet, the money being paid, it will not oblige the...payee to refund it. But where money is paid under a miftake, which there was no ground to claim in confcience, the party may recover it in this kind of... | |
 | Samuel Comyn - Contracts - 1807 - 646 pages
...infancy, which in juftice he ought to difcharge, though the law would not have compelled the payment, yet the money being paid, it will not oblige the payee to refund it. But where money is paid under a miftake, which there was no ground to claim in confcience, the party may recover it back again by this... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 734 pages
...although, if it had not been paid, it could not have been enforced; and he concludes by saying, that where money is paid under a mistake, which there was no ground to claim in conscience, it may be recovered back. Mistake may be a mistake of law or of fact; but I cannot think Lord Mansfield... | |
 | Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - Law reports, digests, etc - 1825 - 614 pages
...equity and Conscience he ought, he cannot recover it back again in an action for money had and received. But where money is paid under a mistake, which there...may recover it back again by this kind of action." Evans, in his essays, treating upon mistakes of law, lays down the law to be, that where no natural... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...infancy, which in justice he ought to discharge, though the law would not have compelled the payment, yet the money being paid, it will not oblige the payee...may recover it back again by this kind of action. (.r) 13. OF COMPULSORY PAYMENTS MADE EITHER UPON A PLEDGE OF GOODS, OR FOR A FINE UPON ADMITTANCE;... | |
 | Charles Petersdorff - Law - 1831 - 598 pages
...the'law" injustice9 would not hnve compelled the payment, yet the money being paid, it wiH not be ought, oblige the payee to refund it; but, where money is paid under a- mistake, «oniioi bo which there was no ground to claim in conscience, the party may recover it tecovtred ^ack... | |
 | Law - 1841 - 522 pages
...his infancy, which in justice he ought to discharge, though the law would not Imve compelled payment, yet the money being paid, it will not oblige the payee to refund it." The assignees' petition must therefore be dismissed, and the costs of the respondent paid by them,... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...in justice, he ought to discharge, in these cases, though the law would not have compelled payment, yet, the money being paid, it will not oblige the...under a mistake, which there was no ground to claim in (m) Per Bayley, J., Ilottv.Wilkes, R., 257, 264. 3 B. & Aid. 311. (o) See remarks on the maxim, (n)... | |
 | Basil Montagu, Edward Erastus Deacon, Sir John Peter De Gex, Great Britain. Court of Review - Bankruptcy - 1842 - 774 pages
...infancy, which injustice he ought to discharge, though the law would not have compelled the payment, yet, the money being paid, it will not oblige the payee to refund it." I am of opinion, that even if the Commissioners' Order had been established, the Court ought not, under... | |
 | William Burge - Bail - 1847 - 626 pages
...or by deceit, this action will certainly lie (w). Lord Mansfield lays down the rule thus generally, where money is paid under a mistake, which there was...party may recover it back again by this kind of action (»). (t) Lansdown v. Lansdown, Mosely's Rep. 364. SC 2 Jac. & Walk. 205. Turner t>. Turner, 2 Rep.... | |
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But where money is paid under a mistake, which there was no ground to claim in conscience, the party may recover it back again by this kind of action. 
