Baltimore & Suscquehanna Rail-road v. Faunce
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of assumpsit, brought by the appellants against the appellees. The defendants pleaded the general issue. 1st Exception.
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Appeal from Baltimore County Court. This was an action of assumpsit, brought by the appellants against the appellees. The defendants pleaded the general issue. 1st Exception. The plantiffs offered in evidence the contract between the appellees and the York and Maryland Line R. R. Co. for work, to be done by the said appellees under said contract, and the final estimate thereof by Isaac Trimble, engineer thereof for the time being, viz; For money paid by them, . . . . $ 129 27 For work on bridge, sect. 65, . . . 12,586 25 For work on graduation, sect. 65, . . .11,926 56 $24,642 08 From the…
1Opinion of the CourtChambers, J.
Two questions arise on this record: First, whether the plaintiffs can recover back money, paid under such circumstances of knowledge or means of information as existed in this case ? And secondly, if entitled in other respects, whether the plaintiff is precluded by reason of the character of the notes in which the payment was in part made ?
The facts upon which the opinion of the court was asked, are, that the payment was made in the mistaken belief that the sum paid was the true balance appearing due by the final estimate, and that the agent who made the payment for the plaintiffs intending…
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