Legal Opinion

Scott v. Ford

Oregon Supreme Court

Decided December 12, 1904PublishedCited by 23 opinions

From Lane: James W. Hamilton, Judge. Action by George W. Scott and H. A. Hammond, as executors of the last will and testament and estate of Church Sturtevant, deceased, against Eva Ford, formerly Eva Stephens.

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From Lane: James W. Hamilton, Judge. Action by George W. Scott and H. A. Hammond, as executors of the last will and testament and estate of Church Sturtevant, deceased, against Eva Ford, formerly Eva Stephens. The complaint herein is,in substance, as follows: That on December 30, 1888, Church Sturtevant made his will; that on December 18, 1894, he made a codicil thereto, reciting that by said will he had bequeathed to his daughter, Mrs. Stephens, a certain share of his estate, and that, she now being dead, he therefore bequeathed to her five children equally the share set apart to her in the…

1Opinion of the CourtJustice Wolverton

Plaintiffs base their action upon the principle that when one pays money which he is neither morally nor legally bound to pay, under a mistake as to his legal obligations and duty, and which the recipient has no right in good conscience to retain, the former may recover it back in an action of indebitatus assumpsit, whether his mistake be one of law or of fact. The trial court must have sustained this principle as sound, else its conclusion of law could not follow from the facts found. The defendant contends that the true principle is that money paid with knowledge ■of the facts, without…

2Cited by23 opinions

  1. Smith v. RubelOregon Supreme Court · 1932
  2. Moritz v. HorsmanMichigan Supreme Court · 1943
  3. Adams v. Crater Well Drilling, Inc.Oregon Supreme Court · 1976
  4. Gabel v. ArmstrongOregon Supreme Court · 1918
  5. Commercial National Bank v. BrunoIllinois Supreme Court · 1979

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