Young & Son v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. H. X>. Clayton. This action was brought by Lehman, Durr & Co., of Montgomery, against E. B. Young & Son, of Eufaula, to recover the sum of $2,409.60, for money paid by plaintiffs, on the 1st December, 1875, under the following circumstances: The plaintiffs were and are cotton factors and general commission-merchants, doing business in the city of Montgomery ; and the defendants were and are brokers, doing…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. H. X>. Clayton. This action was brought by Lehman, Durr & Co., of Montgomery, against E. B. Young & Son, of Eufaula, to recover the sum of $2,409.60, for money paid by plaintiffs, on the 1st December, 1875, under the following circumstances: The plaintiffs were and are cotton factors and general commission-merchants, doing business in the city of Montgomery ; and the defendants were and are brokers, doing business in Eufaula. Some time in November, 1875, a stranger came to Montgomery, giving Ms name as Albert Johnston, and…
1Opinion of the Court
BEICKELL, 0. J.
The general rule of law is clear and undisputed, that money paid under a mistake, on the part of the payor, of a material fact, may be recovered of the person receiving it, in an action of assumpsit, on either of the common counts, for money had-and received, or for money lent, or for money paid. The authorities in this court do not excuse the person receiving from liability, because the payor, before making payment, had in his power the means of ascertaining the facts, and was not diligent in the employment of such means. That he had the means of informing himself, and imputes…
2Cases cited5 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- First National Bank of Detroit v. BurkhamMichigan Supreme Court · 1875
- Rutherford v. McIvorSupreme Court of Alabama · 1852
- Wilson v. SergeantSupreme Court of Alabama · 1848
3Cited by23 opinions
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- Merrill v. Brantley & Co.Supreme Court of Alabama · 1901
- Beard v. HortonSupreme Court of Alabama · 1888
- Dudley v. WhatleySupreme Court of Alabama · 1943
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