Williams v. Carroll County
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. W. W. Bucher, J udge. (1) The mistake was one of fact, not of law, and the petition sufficiently alleges mistake and error in the overpayment, inasmuch as it alleges it to have been made through error, and by mistake; and if the overpayment was in fact made, respondent can not in equity and good conscience retain that part of the payment that was excessive. Yeater v. Hines, 24 Mo.
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Appeal from Carroll Circuit Court. — Hon. W. W. Bucher, J udge. (1) The mistake was one of fact, not of law, and the petition sufficiently alleges mistake and error in the overpayment, inasmuch as it alleges it to have been made through error, and by mistake; and if the overpayment was in fact made, respondent can not in equity and good conscience retain that part of the payment that was excessive. Yeater v. Hines, 24 Mo. App. 619; Ashley v. Jennings, 48 Mo: App. 142. (2) If the allegation of mistake in the petition is sufficient, as contended by appellant, the only remaining ground upon…
1Opinion of the CourtRobinson, J.
This is an action to recover $156.36 alleged to have been erroneously and mistakably paid by plaintiff to defendant in paying off a certain school fund bond. On January 3, 1887, plaintiff borrowed from the school fund of Carroll county the sum of $2,000 and the bond in question was given therefor.
Interest was paid to February 1, 1890, and on February 7, 1894, there was paid on account of interest the further sum of $160. Afterwards default occurred in the payment of in*12terest. This controversy arises over the mistake of the county clerk in computing the amount due on the bond. Omitting…
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