Ex parte Richard & Thalheimer
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by Richard & Thalheimer for certiorari to •the Court of Appeals, to review the judgment and decision of that court reversing the decision of the trial court in the case of Kornegay v. Richard & Thalheimer, revived in the name of Russell as Administrator of Kornegay, and reported in 6 Ala.
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Certiorari to Court of Appeals. Petition by Richard & Thalheimer for certiorari to •the Court of Appeals, to review the judgment and decision of that court reversing the decision of the trial court in the case of Kornegay v. Richard & Thalheimer, revived in the name of Russell as Administrator of Kornegay, and reported in 6 Ala. App. 73; 60 South. 411. There is no question but what appellees paid their money to appellant while acting under a mistake of material fact, and that neither knew that the -mortgage held by appellant was a forgery; hence, plaintiffs were entitled to recover in this…
1Opinion of the Court
de GRAFFENRIED, J.
This is a petition for a writ of certiorari to the Court of Appeals. The Court of Appeals in this case recognized the rule of law which is quoted by petitioners’ counsel, and which was announced by this court in Young & Son v. Lehman, Durr & Co., 63 Ala. 519, viz.: “The general rule of law is clear and undisputed that money paid under a mistake on the part of the payor of a material fact may be recovered of the person receiving it in an action of assumpsit on either of the common counts for money had and received, or for money lent, or for money paid. The authorities in this…
2Cases cited2 opinions
- Young & Son v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Russell v. RichardAlabama Court of Appeals · 1912
3Cited by6 opinions
- National Shawmut Bank v. Fidelity Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1945
- Grand Lodge v. TowneSupreme Court of Minnesota · 1917
- St. Paul Federal Savings & Loan Ass'n v. AvantAppellate Court of Illinois · 1985
- Gaffner v. American Finance Co.Washington Supreme Court · 1922
- California Pacific Title & Trust Co. v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1936
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