Norton v. Marden
Supreme Judicial Court of Maine
Assumpsit for money bad and received, brought to recover back tbe consideration money paid by the plaintiff to the defendant for the assignment of a bond of a lot of land in Bangor. The defendant held by assignment a bond for the conveyance of a lot, described in the bond, on payment of a specified sum.
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Assumpsit for money bad and received, brought to recover back tbe consideration money paid by the plaintiff to the defendant for the assignment of a bond of a lot of land in Bangor. The defendant held by assignment a bond for the conveyance of a lot, described in the bond, on payment of a specified sum. Prior to the bargain between these parties, there being no evidence that the defendant knew where the lot was, they went together and inquired and entered upon land supposed by them to be ¡he same described in the bond, and thereupon the defers Cut a :d over the bond, and received tbe price…
1Opinion of the Court
The action was continued nisi, and the opinion of the Court afterwards delivered by
Shepley J.
This is assumpsit for money had and received, brought to recover back a sum of money alleged to have been paid under a mistake. And the question presented by this bill of exceptions is, whether where parties contract under a mutual mistake of the facts supposed to exist, there being no fraud, and no- beneficial interest obtained, the one who pays can recover back the money paid.
Certain principles in relation to this action seem now to be well settled. Money paid under a mistake of tbe law cannot be…
2Cases cited3 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
- Welsh v. CarterNew York Supreme Court · 1828
3Cited by8 opinions
- Blue Rock Industries v. Raymond International, Inc.Supreme Judicial Court of Maine · 1974
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Schaefer v. WunderleIllinois Supreme Court · 1895
- Claflin v. McDonoughSupreme Court of Missouri · 1863
- E. H. Taylor, Jr., & Sons, Inc. v. First Nat. Bank of AuroraCourt of Appeals for the Sixth Circuit · 1914
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