Alton v. First National Bank
Massachusetts Supreme Judicial Court
Contract, for money had and received. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. In 1889 one William Walker carried, and on previous occasions had carried, to the defendant bank, which was located at Webster, a number of instruments in writing indorsed in blank by the plaintiff and himself, a copy of one of which is as follows: “ $150. So.
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Contract, for money had and received. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. In 1889 one William Walker carried, and on previous occasions had carried, to the defendant bank, which was located at Webster, a number of instruments in writing indorsed in blank by the plaintiff and himself, a copy of one of which is as follows: “ $150. So. Woodstock, Ct., March 4,1889. Received of W. H. Walker, this day, one bay horse, Vinton horse, one express wagon, for which I promise to pay said…
1Opinion of the CourtHolmes, J.
Lord Westbury sometimes is supposed to have taken a distinction as to the effect of a mistake of law according to whether the mistaken principle is general or special. Cooper v. Phibbs, L. R. 2 H. L. 149, 170. But in the often quoted passage of his judgment he only meant that certain words, such as ownership, marriage, settlement, etc., import both a conclusion of law and facts justifying it, so that, when asserted without explanation of what the facts relied on are, they assert the existence of facts sufficient to justify the conclusion, and a mistake induced by such an assertion is a…
2Cases cited7 opinions
- Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
- Graves v. JohnsonMassachusetts Supreme Judicial Court · 1892
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
- Sloan v. McCartyMassachusetts Supreme Judicial Court · 1883
- Hill v. ChaseMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Hinckley v. Town of BarnstableMassachusetts Supreme Judicial Court · 1942
- Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
- Armijo v. HenryNew Mexico Supreme Court · 1907
- Hermanson v. SeppalaMassachusetts Supreme Judicial Court · 1926
11 more not listed; retrieve them via the Exa API.