Havlin v. Continental National Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) Havlin’s payment to the bank, if made under mistake at all, was made under mistake of law, and, therefore, cannot be recovered. Hethcock v. County, 200 Mo. 170; Brewing Co. v. St. Louis, 187 Mo. 367; Niedermeyer v. Curators, 61 Mo. App." 654; State ex rel. v. Stonestreet, 92 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) Havlin’s payment to the bank, if made under mistake at all, was made under mistake of law, and, therefore, cannot be recovered. Hethcock v. County, 200 Mo. 170; Brewing Co. v. St. Louis, 187 Mo. 367; Niedermeyer v. Curators, 61 Mo. App." 654; State ex rel. v. Stonestreet, 92 Mo. App. 220; Teasdale v. Stoller, 133 Mo. 651; Douglas v. Kansas City, 147 Mo. 428; Scott v. Ford, 68 L. R. A. 469. (2) But if Havlin’s mistake can be regarded as a mistake of fact, still he cannot recover the money, because the mistake did not…
1Opinion of the CourtWalker, J.
John H. Havlin, the respondent, brought suit in equity against the Continental National Bank, hereinafter designated as “the bank,” appellant, in the circuit court of the city of St. Louis, to recover seven thousand, two hundred dollars paid by him to the bank as an endorser on two notes of one O. L. Hagan, which subsequent to Havlin’s payment were again paid in full by Hagan in a settlement with the bank, which thereafter refused to repay Havlin. Upon a trial a judgment was rendered in favor of Havlin, from which the bank appeals.
The material facts are as follows:
O. L. Hagan was indebted to…
2Cases cited8 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Hagan v. Continental National BankSupreme Court of Missouri · 1904
- Kinsel v. BallouCalifornia Supreme Court · 1907
- Central National Bank v. StoddardSupreme Court of Connecticut · 1910
- Weimer v. SheltonSupreme Court of Missouri · 1841
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3Cited by3 opinions
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Nickell v. BradshawOregon Supreme Court · 1919
- Long v. MasonSupreme Court of Missouri · 1918