Scott v. Bd. of Trustees
Court of Appeals of Kentucky
Appeal from Henry Circuit Court. Chas. O. Marshall, Circuit Judge. Prom the judgment plaintiff appeals STATEMENT OF QUESTION IN CONTROVERSY. In this case the contention of appellant is that the money which, he seeks to recover was- paid by him without consideration and. under a mistake of law, that he is entitled to have it restored to him, and that equity and good conscience will not permit appellees, to-retain it.
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Appeal from Henry Circuit Court. Chas. O. Marshall, Circuit Judge. Prom the judgment plaintiff appeals STATEMENT OF QUESTION IN CONTROVERSY. In this case the contention of appellant is that the money which, he seeks to recover was- paid by him without consideration and. under a mistake of law, that he is entitled to have it restored to him, and that equity and good conscience will not permit appellees, to-retain it. The contention of appellees is that appellant having voluntarily paid money with a knowledge of all the facts did so at his peril, and has now no remedy. So the question to be…
1Opinion of the Court
Opinion op the Court by
Chief Justice Settle
Reversing.
This action was brought by appellant to recover of appellees, composing the board of trustees of the town of New Castle, $353.40, with interest from June 5, 1907, upon the ground that the previous payment by him to the board of that sum had been .made by mistake and without consideration.
The facts alleged8in the petition as manifesting the right of recovery were, in substance, that for several years prior to July, 1906, and on that date, appellant owned and conducted a saloon in the town of New Castle, wherein were sold spirituous, vinoiis,…
2Cases cited11 opinions
- Northrop's executors v. GravesSupreme Court of Connecticut · 1849
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
- City of Louisville v. AndersonCourt of Appeals of Kentucky · 1881
- Ray & Thornton v. Bank of KentuckyCourt of Appeals of Kentucky · 1843
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Spalding v. City of LebanonCourt of Appeals of Kentucky · 1913
- Great Atlantic & Pacific Tea Co. v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1934
- City of Louisville v. BeckerCourt of Appeals of Kentucky · 1910
- Burnham Hotel v. City of CheyenneWyoming Supreme Court · 1924
- American Car & Foundry Co. v. Johnson CountyCourt of Appeals of Kentucky · 1912
6 more not listed; retrieve them via the Exa API.