Lowe v. Wells Fargo & Co.
Supreme Court of Kansas
Error from Lyon district court; Frederick A. Meckel, judge. STATEMENT. The case was tried without a jury, upon the following agreed statement of facts, from which the issues in the petition may fairly be inferred: “Plaintiff is the father of W. H. Lowe; the latter was, upon the 9th day of January, 1906, and for a long time prior thereto, employed by said, defendant as an express messenger.
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Error from Lyon district court; Frederick A. Meckel, judge. STATEMENT. The case was tried without a jury, upon the following agreed statement of facts, from which the issues in the petition may fairly be inferred: “Plaintiff is the father of W. H. Lowe; the latter was, upon the 9th day of January, 1906, and for a long time prior thereto, employed by said, defendant as an express messenger. His run was from Moline to Emporia and return; that each day, except Sunday, he arrived at Emporia, when the train was on time, at eleven A. M., and left Emporia for Moline at 3: 40 P. M. It was his duty to…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The facts being agreed upon and in writing, this court is in the same position to weigh and interpret them as was the court below. Whether the money was paid under a mistake of fact is practically conceded to be the controlling question.
To entitle the plaintiff to recover, we shall assume, *110in accordance with the contention of the defendant, that the mistake must have been at the time of the payment mutual, and the alleged mistaken fact material. What, then, was the situation at the time of the payment? The money had been lost. Diligent…
2Cases cited14 opinions
- Comm'rs of Wabaunsee Co. v. WalkerSupreme Court of Kansas · 1871
- Kansas Pacific Railway Co. v. Commissioners of Wyandotte CountySupreme Court of Kansas · 1876
- Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
- Phillips v. Board of CommissionersSupreme Court of Kansas · 1870
- Scott v. FordOregon Supreme Court · 1904
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3Cited by7 opinions
- Continental Oil Co. v. Ideal Truck Lines, Inc.Court of Appeals of Kansas · 1981
- Bradshaw v. GlasscockSupreme Court of Kansas · 1913
- Falls City Brewing Co. v. United StatesDistrict Court, W.D. Kentucky · 1935
- Kaiser v. GeisSupreme Court of Oklahoma · 1915
- MacGregor v. MillarSupreme Court of Kansas · 1949
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