Brummitt v. . McGuire
Supreme Court of North Carolina
This was a civil ACTION, originally commenced before a Justice of the Peace, and tried, upon appeal, before MacRae, J., at July Term, 1890, of GraNVILLE Superior Court.
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This was a civil ACTION, originally commenced before a Justice of the Peace, and tried, upon appeal, before MacRae, J., at July Term, 1890, of GraNVILLE Superior Court. The following is the case settled on appeal by appellee, and accepted by appellant: The plaintiff alleged that the defendant was indebted to him for money paid in excess of rent account, for a certain bouse in Oxford for the year 1886. The defendant denied the debt, and alleged besides that the matter in controversy had been compromised and settled by the execution of a chattel mortgage and bond; by the execution of a bond and…
1Opinion of the Court
Davis, J.:
The defendant asked,for eight specific instructions, all of which, except the seventh, which was given in part (what part was given and what refused does not appear), were refused.
If the defendant was entitled to any one of these instructions, and it was not cured by the charge as given, it was error.
It is well settled that money paid under a mistake of fact may be recovered back, and it is equally well settled that money demanded and paid with a full knowledge of all the facts cannot be recovered back.
The plaintiff’s counsel relies upon the case of Pool v. Allen, 7 Ired., 120, and…
2Cases cited3 opinions
- Vest v. . CooperSupreme Court of North Carolina · 1873
- Board of Commissioners of MacOn County v. Board of Commissioners of Jackson CountySupreme Court of North Carolina · 1876
- Commissioners of Catawba County v. SetzerSupreme Court of North Carolina · 1874
3Cited by10 opinions
- Guerry v. American Trust Co.Supreme Court of North Carolina · 1951
- Williams v. . McLeanSupreme Court of North Carolina · 1941
- Hooper v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1925
- Bernhardt v. Railroad Co.Supreme Court of North Carolina · 1904
- Collins v. CovertSupreme Court of North Carolina · 1957
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