Smyth v. Kaspar American State Bank

Additional Opinion on Rehearing

On petition for rehearing plaintiffs raise for the first time the defense of mistake of law and fact to the accord and satisfaction which we held was a bar to the claims of plaintiffs in Group II. As the defense presents the question whether, upon the uncontested facts before us, the defendant will be unjustly enriched $500,000 or more at the expense of former holders of 5,874 certificates of beneficial interest, we granted a rehearing and oral argument.

Defendant contends that the defense of mistake is not open for consideration. It says that nothing in the…