Copas v. Anglo-American Provision Co.
Michigan Supreme Court
Error to Shiawassee. (Newton, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. 1.If a person, with full knowledge of all of the facts, pays over money to another, he cannot recover it back.
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Error to Shiawassee. (Newton, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. 1.If a person, with full knowledge of all of the facts, pays over money to another, he cannot recover it back. The case is not altered by the fact that the demand is unjustly made, or that the payor still insists that he ought not to pay, or gives notice that he will bring suit to recover the money back; citing Mowatt v. Wright, 1 Wend. 360; Champlin v. Laytin, 18 Id. 407, 423; Benson v. Monroe, 7 Cush. 125; Goebel v. Linn, 47 Mich. 489; Wheeler v. Hatheway, 58 Id. 85. 2.A payment is…
1Opinion of the CourtMorse, J.
This suit was commenced by attachment in justice’s court, where the plaintiff recovered. On appeal to the circuit court for the county of Shiawassee, the plaintiff had verdict and judgment for $99.97.
The plaintiff’s declaration was oral, counting specially •for loss and damage sustained by reason of damaged and unwholesome meats and provisions sold to him by defendant, and generally on all the common counts in assumpsit. The items of his bill of particulars filed in the •cause were as follows, to wit:
1886.
Aug. 27. Balance to date.................................. §20 29
•Sept. 6. Freight on…
2Cases cited7 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Townsend v. SmithWisconsin Supreme Court · 1879
- Hoover v. PetersMichigan Supreme Court · 1869
- Chubbuck v. ClevelandSupreme Court of Minnesota · 1887
- Smith v. LockMichigan Supreme Court · 1869
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3Cited by19 opinions
- Cook v. DarlingMichigan Supreme Court · 1910
- Nixa Canning Co. v. Lehmann-Higginson Grocer Co.Supreme Court of Kansas · 1905
- Genack v. GormanMichigan Supreme Court · 1923
- Huler v. NasserMichigan Supreme Court · 1948
- K Mart Corp. v. Gen-Star Industries Co.District Court, E.D. Michigan · 1986
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