Remington Arms Union Metallic Cartridge Co. v. Feeney Tool Co.
Supreme Court of Connecticut
Action to recover money paid by mistake and under compulsion, brought to the Superior Court in Fairfield County and tried on demurrer to the complaint; the court, Kellogg, J., sustained the demurrer and, on the plaintiff’s refusal to plead over, entered judgment for the defendant, from which the plaintiff appealed.
Read the full summary
Action to recover money paid by mistake and under compulsion, brought to the Superior Court in Fairfield County and tried on demurrer to the complaint; the court, Kellogg, J., sustained the demurrer and, on the plaintiff’s refusal to plead over, entered judgment for the defendant, from which the plaintiff appealed. The complaint alleges, in substance, that between November 23d, 1916, and April 24th, 1919, the plaintiff and defendant had mutual dealings and accounts, as the result of which the plaintiff became indebted to the defendant in the sum of $41,815.82 and no more; that during this…
1Opinion of the CourtBeach, J.
The plaintiff’s brief assumes, erroneously, that the Complaint includes a cause of action for the recovery of money paid under a mistake. It is a necessary element of such a cause of action that the payment was made under a mistaken belief that the money was due to the payee, when in truth it was neither legally nor morally due; as when an executor pays a legacy in full believing that the estate is solvent, when it is not, or that the legacy is due to the payee under the terms of the will, when it is not. Mansfield v. Lynch, 59 Conn. 320, 22 Atl. 313; Northrop v. Graves, 19 Conn. 548; Mills…
2Cases cited7 opinions
- Northrop's executors v. GravesSupreme Court of Connecticut · 1849
- Underwood Typewriter Co. v. ChamberlainSupreme Court of Connecticut · 1917
- Hoke v. City of AtlantaSupreme Court of Georgia · 1899
- Mansfield v. LynchSupreme Court of Connecticut · 1890
- Mills v. BrittonSupreme Court of Connecticut · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Weiner v. MinorSupreme Court of Connecticut · 1938
- State Ex Rel. Johnson v. AtchisonSupreme Court of Connecticut · 1926
- H. E. Verran Co. v. Town of StamfordSupreme Court of Connecticut · 1928
- Union Land & Timber Co. v. Pearl River CountyMississippi Supreme Court · 1925
- Ficken v. Edward's, Inc.Connecticut Superior Court · 1962
4 more not listed; retrieve them via the Exa API.