Legal Opinion · Dissent

Podolnick v. Hamilton

Court of Appeals of Texas

Decided June 29, 1960No. 10792Published

1DissentHughes, Justice

“Where money is voluntarily paid, with full knowledge of all the facts, it cannot be recovered, although it may have been paid upon a void demand or upon a claim which had no foundation in fact. Taylor v. Hall, 71 Tex. 216, 9 S.W. 141; Gould v. McFall, 118 Pa. St. 455, 12 Atl. 476, 4 Am.St.Rep. 606. This proposition is too well settled to require further citations of authority. A married women who voluntarily pays her money or other personal property upon a contract made by her, or in any way that would bind a man, cannot recover it back simply upon the ground that she is a married woman. * *…

2Cases cited13 opinions

  1. Pitts v. ElslerTexas Supreme Court · 1894
  2. Johnson v. BryanTexas Supreme Court · 1884
  3. The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
  4. Taylor v. HallTexas Supreme Court · 1888
  5. Taylor v. HollingsworthTexas Supreme Court · 1943

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