Alston & Hutchings v. Richardson
Texas Supreme Court
Error from Madison. Tried below before the Hon. James-E. Burnet. Alston & Hutchings brought suit in the District Court of Madison county in 1873, to recover of Eichardson §813 and. interest, paid by them to defendant in May, 1870, through mistake, occasioned, as was alleged, by false and fraudulent representations of defendant.
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Error from Madison. Tried below before the Hon. James-E. Burnet. Alston & Hutchings brought suit in the District Court of Madison county in 1873, to recover of Eichardson §813 and. interest, paid by them to defendant in May, 1870, through mistake, occasioned, as was alleged, by false and fraudulent representations of defendant. To the plaintiffs’ original and amended petition the defendant demurred and pleaded the statute of limitations, which demurrer and plea were sustained by the court below and the cause dismissed. To this ruling of the court the plaintiffs excepted, and prosecuted a writ…
1Opinion of the Court
Bonner, Associate Justice.
Although this ease shows upon the part of the plaintiffs a great degree of credulity and unusual readiness, if not undue willingness, to voluntarily pay a security debt without even first communicating with their principal, yet, as between the parties to the suit, we think the petition sets out a cause of action good on general demurrer.
The general rule is that money paid under a mistake of fact may be recovered back, and that, too, although the party may have had the means of knowledge. (City Bank v. National Bank, 45 Tex., 217.)
As regards the statute of…
2Cases cited3 opinions
- Kuhlman v. BakerTexas Supreme Court · 1879
- Hudson v. WheelerTexas Supreme Court · 1871
- City Bank of Houston v. First National BankTexas Supreme Court · 1876
3Cited by25 opinions
- Sherman v. SipperTexas Supreme Court · 1941
- Dunn v. TaylorCourt of Appeals of Texas · 1906
- Kennedy v. BakerTexas Supreme Court · 1883
- Gulf Production Co. v. PalmerCourt of Appeals of Texas · 1921
- Steele v. GlennCourt of Appeals of Texas · 1933
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