Regan v. Baldwin
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the plaintiff and the defendant executed an indenture, whereby the defendant leased to the plaintiff the lower floor of a building on Essex Street in Boston, and the cellar under the same, for the term of ten years from October 1, 1867; that by the terms of the lease, a copy of which was annexed, the defendant was to pay the plaintiff a certain rent monthly, “ except only in case of fire or other casualties,” and to keep the premises in…
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Contract. The declaration alleged that the plaintiff and the defendant executed an indenture, whereby the defendant leased to the plaintiff the lower floor of a building on Essex Street in Boston, and the cellar under the same, for the term of ten years from October 1, 1867; that by the terms of the lease, a copy of which was annexed, the defendant was to pay the plaintiff a certain rent monthly, “ except only in case of fire or other casualties,” and to keep the premises in repair, “ reasonable use and wear, and damage by accidental fire or other inevitable accidents only excepted;” that the…
1Opinion of the CourtLord, J.
In this case the demurrer was properly sustained. The plaintiff’s declaration sets forth no cause of action which entitles him to recover. The amount which he seeks to reclaim was a sum which he voluntarily paid; he paid it under no mistake of fact, and it has long been held that money so paid cannot be recovered back.
There is an early case, Moses v. Macpherlan, 1 W. Bl. 219, in which it was held that money paid, even under a judgment of a court of competent jurisdiction, could be recovered back, if in equity and good conscience the party receiving it was not entitled to hold it. In that…
2Cited by10 opinions
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- Rosenfeld v. Boston Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1915
- Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
- Thomas Peebles & Co. v. ShermanSupreme Court of Minnesota · 1921
- Cappy's, Inc. v. DorganMassachusetts Supreme Judicial Court · 1943
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