Richardson v. Bales
Supreme Court of Arkansas
Appeal from Saline Circuit Court. .Alexander M. Duffie, Judge. STATEMENT BY THE COURT. Mrs. N. C. Richardson, on the 31st day of October, 1896, brought suit against Henry Bales to recover $733.61, due her for money loaned, and evidenced by four promissory notes of defendant.
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Appeal from Saline Circuit Court. .Alexander M. Duffie, Judge. STATEMENT BY THE COURT. Mrs. N. C. Richardson, on the 31st day of October, 1896, brought suit against Henry Bales to recover $733.61, due her for money loaned, and evidenced by four promissory notes of defendant. On the 2d day of November, 1896, Bales filed an answer admitting the execution of the notes sued on, but alleged, by way of set-off, that Mrs. Richardson was due him the sum of $471.10, paid to her through mistake in a certain settlement had between them about other matters on the 19th of July, 1893, and also that he was…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The only question presented by this appeal is whether the claim of defendant to recover money paid by mistake was barred- by the statute of limitations. It is admitted that the alleged overpayment was made in a settlement having no connection with the notes sued on, and over three years before the filing of the answer claiming the same as a set-off, and we are of the opinion that the claim was barred. Under our statute, an action to recover money paid under a mistake of fact, when there is no fraudulent concealment, is barred in three years from the date…
2Cases cited3 opinions
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
- Ware v. State ex rel. LongIndiana Supreme Court · 1881
- Jones v. School District No. 19Supreme Court of Kansas · 1881
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- State Use Benefit of Garland Co. v. JonesSupreme Court of Arkansas · 1939
- Futrall v. City of Pine BluffCourt of Appeals for the Eighth Circuit · 1937
- Tedford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1915
- Fidelity & Casualty Co. of New York v. State Ex Rel. Columbia CountySupreme Court of Arkansas · 1939
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