James River National Bank v. Weber
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Burke, J. Action by the James River National Bank of Jamestown, N. D., against Fried Weber. Judgment f.or plaintiff, and defendant appeals. One paying money without compulsion, claimed by another as a matter of right, and paying with full knowledge of the fact, cannot recover it.
Read the full summary
Appeal from District Court, Stutsman county; Burke, J. Action by the James River National Bank of Jamestown, N. D., against Fried Weber. Judgment f.or plaintiff, and defendant appeals. One paying money without compulsion, claimed by another as a matter of right, and paying with full knowledge of the fact, cannot recover it. Wyman v. Farnsworth, 3 Barb. 369; N. Y. & C. R. Co. v. Marsh, 2 Kern 308, 1 Wait’s Law & P. 702; Mowatt v. Wright, 1 Wend. 355; Morton v. Ostrom, 33 Barb. 256; Forest v. Magor, 13 Abb. 350. Money paid by one under a mistake of facts, which he had means of knowing, cannot…
1Opinion of the CourtFisk, J.
This case originated in the district court of Stutsman county, and comes here on appeal from 'a judgment in plaintiff’s favor. As the complaint discloses, the action is for the recovery of $319.71 with interest, which sum, it is alleged, was, on December 27, 1905, paid by plaintiff to defendant through mistake, induced by false representations made by defendant to plaintiff’s officers. The answer puts in issue the material allegations of the complaint, and alleges facts tending to show that such payment was voluntarily made. A jury was expressly waived, and the cause submitted to the court,…
2Cases cited4 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Dowagiac Manufacturing Co. v. HelleksonNorth Dakota Supreme Court · 1904
- Ruettell v. Greenwich InsuranceNorth Dakota Supreme Court · 1907
- Fegan v. Great Northern Railway Co.North Dakota Supreme Court · 1899
3Cited by11 opinions
- Stee v. "L" Monte Industries, Inc.North Dakota Supreme Court · 1976
- Bellevue Bank of Allen Kimberly & Co. v. Security National BankSupreme Court of Iowa · 1915
- Bunkers v. GuernseySouth Dakota Supreme Court · 1915
- Jacobson v. Mohall Telephone Co.North Dakota Supreme Court · 1916
- Rohrville Farmers Union Elevator Co. v. FrisonNorth Dakota Supreme Court · 1950
6 more not listed; retrieve them via the Exa API.