American Surety Co. v. Groover

ON REHEARING.

Gardner, J.

The plaintiff insists that what it “did urge and now urges is that when a voluntary payment is made under a mistake of law to a receiver, the payor is entitled to recover the same.” The premise is conceded accordingly by it that the payment was voluntary. From this insistence and from an analysis of the petition, it must be held that the plaintiff was neither ignorant nor mistaken as to any or all material facts which would have prompted or restrained it from the voluntary issuance and payment of the duplicate draft. The petition failed to allege to the contrary. Camp…