Northcross v. Miller

Hart, C. J.,

(after stating the facts). The general rule is that money paid under a mistake of fact may be recovered. C. R. I. & P. Ry. Co. v. Lena Lumber Co., 99 Ark. 105, 137 S. W. 562. In Tancred v. First National Bank, 130 Ark. 520, 197 S. W. 1178, the rule is stated where a person without mistake of fact, or fraud, duress, or coercion, pays money on a demand that is not enforceable against him, the payment is deemed voluntary and cannot be recovered. In Blackburn v. Texarkana Gas & Electric Co., 102 Ark. 152, 143 S. W. 588, it is said that where one voluntarily makes a payment upon a…