Adams v. . Reeves
Supreme Court of North Carolina
Civil action tried before Cloud, J., at Spring Term, 1872,, of the Superior Court of Forsyth county. The action is brought to recover money which the plaintiff alleges he paid to defendants through their fraudulent representation, and paid under the compulsory process of law.
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Civil action tried before Cloud, J., at Spring Term, 1872,, of the Superior Court of Forsyth county. The action is brought to recover money which the plaintiff alleges he paid to defendants through their fraudulent representation, and paid under the compulsory process of law. On the trial, certain issues were submitted to the-jury, to-wit: 1. Was J. H. Richards the agent of the defendants in the sale of the tobacco mentioned in the pleadings ? 2. Did the defendants or either of them induce the plaintiff, by false representation, to pay defendants any money,, the proceeds of the sale of the…
1Opinion of the CourtRodman, J.
A voluntary payment, with a knowledge of all the facts cannot be recovered back, although there was no debt. But a payment under a mistake of fact may be. Pool v. Allen, 7 Ired. 120; Newell v. March, 8 Ired. 441; White v. Green, 5 Jones 47; Marriot v. Hampton, 2 Smith L. C. 237, and notes.
And this is not the less true if the mistake as to the fact, was caused by the false representation of the defendant: provided, the plaintiff could not by reasonable diligence under the circumstances, have informed himself of the truth. It is on this principle that the plaintiff puts his right to recover in…
Also in this document: Per curiam.
2Cases cited2 opinions
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