Walker v. Conant
Michigan Supreme Court
Error to Monroe. (Joslin, J.) Assumpsit. Plaintiff brings' error. The facts • are stated in the opinion.
1Opinion of the CourtMo.rse, J.
This cause was before this Court upon the pleadings in the January term, 1887, and we then overruled the demurrer to the special count of the declaration, and held that there were facts enough stated in such count to permit a recovery if no defense were made. It was there stated (see opinion, 65 Mich. 197, 31 N. W. Rep. 787) that, as a general rule, money paid under a mistake of material *322facts may be recovered back, although there was negligence upon the part of the person making the payment, but that the rule was subject to the qualification that the payment cannot be recalled when the…
2Cases cited6 opinions
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Walker v. ConantMichigan Supreme Court · 1887
- Barker v. ParkerMassachusetts Supreme Judicial Court · 1822
- Rapalje v. EmorySupreme Court of the United States · 1790
- Reed v. Bank of NewburghNew York Court of Chancery · 1837
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3Cited by18 opinions
- National Shawmut Bank v. Fidelity Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1945
- Grand Lodge v. TowneSupreme Court of Minnesota · 1917
- State Savings Bank v. BuhlMichigan Supreme Court · 1901
- St. Paul Federal Savings & Loan Ass'n v. AvantAppellate Court of Illinois · 1985
- Winslow v. AndersonSupreme Court of New Hampshire · 1917
13 more not listed; retrieve them via the Exa API.