Mt. Pleasant Manufacturing Co. v. Cape Fear & Yadkin Valley Railroad
Supreme Court of North Carolina
This was an action brought before a Justice of the Peace in Guilford County, and carried, by appeal, to the Superior Court, tried before Graves, J., at December Term, 1889, of Guilfokd Superior Court. The plaintiff sued to recover the sum of $>100.86, overcharge for freight shipped from Philadelphia, Pa., to Liberty, N. C., and collected from, the plaintiff by defendant. The facts sufficiently appear from the opinion.
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This was an action brought before a Justice of the Peace in Guilford County, and carried, by appeal, to the Superior Court, tried before Graves, J., at December Term, 1889, of Guilfokd Superior Court. The plaintiff sued to recover the sum of $>100.86, overcharge for freight shipped from Philadelphia, Pa., to Liberty, N. C., and collected from, the plaintiff by defendant. The facts sufficiently appear from the opinion. His Honor, upon the evidence, directed the jury to find the following issue for the defendant: “ Did defendant assumie to pay the plaintiff the difference between $45.54 and…
1Opinion of the Court
Clark, J.:
When there is an overcharge by a common carrier, an action lies to recover it back after payment. It is well settled that where money is paid with a full knowledge of the facts and circumstances upon which it is demanded, or with the means of such knowledge, it cannot, ordinarily, be recovered back. The party will not be permitted to allege his ignorance of the law, and it will be considered a voluntary payment. But an exception to this rule obtains when the payment' has been made by compulsion. The parties here did not stand on equal terms. The plaintiff was compelled to pay the…
2Cases cited4 opinions
- Lafayette & Indianapolis Railroad v. PattisonIndiana Supreme Court · 1872
- Thompson v. WatersMichigan Supreme Court · 1872
- Detroit & Bay City Railway Co. v. McKenzieMichigan Supreme Court · 1880
- Condict v. Grand Trunk RailwayNew York Supreme Court · 1871
3Cited by2 opinions
- Goodin v. Southern Railway Co.Supreme Court of Georgia · 1906
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891