City of Philadelphia v. Cooke
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit by Thomas 'vT. Cooke against The City of Philadelphia, to recover back a sum oi^money paid, as he alleged, under coercion, for water pipes, in frohtr of a lot of ground of which he was the owner. The district of Kensington, on the 27th June 1852, filed a claim for $131, against the heirs of Ward, for water pipes laid in front of a lot of ground on Queen street.
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Error to the District Court of Philadelphia. This was an action of assumpsit by Thomas 'vT. Cooke against The City of Philadelphia, to recover back a sum oi^money paid, as he alleged, under coercion, for water pipes, in frohtr of a lot of ground of which he was the owner. The district of Kensington, on the 27th June 1852, filed a claim for $131, against the heirs of Ward, for water pipes laid in front of a lot of ground on Queen street. The pipes were stated therein to have been laid on the 4th January 1852. The lot was subject to two mortgages, dated respectively the 18th June and 8th July…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— If it be admitted that the lien of the municipal *61claim was discharged by the judicial sale for arrears of ground-rent, still there had been no actual payment of the debt due the city, when Cooke applied for the use of the water. How can it then be said to be inequitable that the city should retain the money which he paid in discharge of the claim ? It was but the satisfaction of a just debt never before satisfied. Money paid by mistake cannot be recovered back, unless its retention be against equity and good conscience. This is not a case…
2Cases cited3 opinions
- Addams v. HeffernanSupreme Court of Pennsylvania · 1840
- Commissioners v. DobbinsSupreme Court of Pennsylvania · 1838
- Henry v. HorstickSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Shenango Furnace Co. v. Fairfield TownshipSupreme Court of Pennsylvania · 1911
- Olyphant Borough v. EgreskiSuperior Court of Pennsylvania · 1905
- Davis's EstateSuperior Court of Pennsylvania · 1911
- Bick Company, Inc. v. GeorgeSupreme Court of Pennsylvania · 1933
- Caven v. HarshSupreme Court of Pennsylvania · 1898