Courtney v. Boswell
Supreme Court of Missouri
I. Plaintiffs paid the money after the notes were due without compulsion, and upon full knowledge of the alleged -breach of waranty, when the consideration for their promise had wholly failed. This was a voluntary payment. Can a party recover back money paid under such circumstances ? Volenti non fit injuria.
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I. Plaintiffs paid the money after the notes were due without compulsion, and upon full knowledge of the alleged -breach of waranty, when the consideration for their promise had wholly failed. This was a voluntary payment. Can a party recover back money paid under such circumstances ? Volenti non fit injuria. Claflin v. McDonough, 33 Mo. 412 ; State v. Powell, 44 Mo. 436; Christie’s Adm’r v. St. Louis, 20 Mo. 143; Walker v. St. Louis, 15 Mo. 563 ; Draper v. Owsley, 15 Mo. 613; Troto v. Vt. Cent. A. A. Co., 24 Vt. 487; 1 U. S. Digest 286, Sec. 439; Brisbane v. Lacres, 5 Taunt. 143. II. After…
1Opinion of the CourtNorton, J.
This is an action to recover damages for an alleged breach of warranty, instituted in the court of common pleas for Cass county. The petition alleges that, in 1869, plaintiffs -purchased of defendants one Hubbard Continental Reaping and Mowing Machine, at and for the price of $200; that, at the time of the purchase, defendants represented that said machine was fit and proper for the purpose of reaping grain and hay, and was a good machine in all its parts, and that plaintiffs, relying on said repre*198sentations, purchased and paid for the same; that the said machine was wholly worthless, and…
2Cited by5 opinions
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- Laumeier v. DolphMissouri Court of Appeals · 1910
- D. M. Osborne & Co. v. HenryMissouri Court of Appeals · 1897
- Doyle v. ParishMissouri Court of Appeals · 1905