Bruner & Bloom v. Clay City
Court of Appeals of Kentucky
Case 80 — PETITION ORDINARY APPEAL EROM POWELiU CIRCUIT COURT. 1. While the general rule of law is that money paid out voluntarily in ignorance of law but with a knowledge of all the facts can not be recovered back, this rule does not apply where the parties are not on equal terms in the transaction.
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Case 80 — PETITION ORDINARY APPEAL EROM POWELiU CIRCUIT COURT. 1. While the general rule of law is that money paid out voluntarily in ignorance of law but with a knowledge of all the facts can not be recovered back, this rule does not apply where the parties are not on equal terms in the transaction. In this case appellants had been assured they would be granted the city license if they procured the other licenses, and relying upon this assurance, had expended large sums in procuring such licenses and in preparing in other ways to open the business, and were then compelled to pay the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court:
On the 5th day of January, 1893, the board of council of Clay City refused to grant to the appellants a license to sell liquors unless they would pay the sum of $750 therefor. They knew at the time this sum was demanded and paid that under the charter of the town the board of council could only require the payment of $300 for such license if the board saw proper to grant it. In view of this fact they protested against paying any sum exceeding $300. The city refunded $200 of the amount which they paid. This action was brought to recover $250, the…
2Cited by9 opinions
- Robinette v. PriceSupreme Court of Minnesota · 1943
- Spalding v. City of LebanonCourt of Appeals of Kentucky · 1913
- Bruner v. Town of StantonCourt of Appeals of Kentucky · 1897
- River Excursion Co. v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1932
- Scott v. Bd. of TrusteesCourt of Appeals of Kentucky · 1909
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