Strafford Savings Bank v. Church
Supreme Court of New Hampshire
Assumpsit. Writ dated August 21, 1893. Pleas, the general issue and the statute of limitations. Pacts found by the court. Lydia S. Church died intestate in January, 1876, leaving surviving her a husband and children. She had a deposit in the plaintiffs’ bank, which they paid to her husband, Israel P. Church, upon his receipt, immediately after her death. Israel died in January, 1891, and soon afterward the defendant was appointed administratrix of his estate.
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Assumpsit. Writ dated August 21, 1893. Pleas, the general issue and the statute of limitations. Pacts found by the court. Lydia S. Church died intestate in January, 1876, leaving surviving her a husband and children. She had a deposit in the plaintiffs’ bank, which they paid to her husband, Israel P. Church, upon his receipt, immediately after her death. Israel died in January, 1891, and soon afterward the defendant was appointed administratrix of his estate. Administration of the estate of Lydia was first taken out in 1892 by her daughter, Carrie B. Bennett. August 6, 1892, the latter…
1Opinion of the CourtChase, J.
The payment by the plaintiffs to Israel in 1876 of Lydia’s deposit seems to have been made voluntarily. It does not appear that the plaintiffs did not know or had not the means of ascertaining all the facts bearing upon their rights and obligations. They would have learned, upon a slight investigation, that Israel was not the administrator of Lydia’s estate. If the payment was occasioned in whole or in part by a mistake, it seems that it must have been a mistake of law rather than of fact. A payment made under such circumstances cannot be, recovered back by the payer, although he was under no…
2Cases cited3 opinions
- Judge of Probate v. RunnellsSupreme Court of New Hampshire · 1890
- Ayer v. ChadwickSupreme Court of New Hampshire · 1890
- Bradley v. LaconiaSupreme Court of New Hampshire · 1890
3Cited by6 opinions
- Moritz v. HorsmanMichigan Supreme Court · 1943
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911
- Cummings v. FarnhamSupreme Court of New Hampshire · 1908
- Ross v. KnoxSupreme Court of New Hampshire · 1902
- Keazar v. Colebrook National BankSupreme Court of New Hampshire · 1909
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