Hinds v. Wiles
Alabama Court of Appeals
Assumpsit. Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Assumpsit by W. S. Wiles against A. M. Hines to recover a payment voluntarily made. Judgment for plaintiff and defendant appeals.
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Assumpsit. Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Assumpsit by W. S. Wiles against A. M. Hines to recover a payment voluntarily made. Judgment for plaintiff and defendant appeals. Under the facts in this case, the plaintiff was not entitled to recover. — Wyatt v. Evans, 52 Ala. 285-; Allen v. Prater, 30 Ala. 458; Burleson v. May, 66 South. 36; Crawford v. Engramv, 157 Ala. 351; 108 Ga. 365; 87 S. E. 33; 112 Mass. 438 p. on contracts 421; Ogden on. Commercial Paper; 2 Page on Contract, §§ 797 and 805. A compromise of a civil suit is a valid consideration, will be…
1Opinion of the CourtThomas, J.
It is a well-settled general rule that money which has been voluntarily paid under a claim of right, and with knowledge of the facts on the part of the person making the payment or affected by it cannot he recovered back on the ground that the asserted claim was invalid or unenforceable, but may be recovered back when the payment, even though voluntary, was made under a mistake on the part of the payer as to a fact affecting his liability.
And it is not necessary to the recovery that such mistake should have been caused by any wrongful act on *598the part of the payee; nor is the fact that the…
2Cases cited6 opinions
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Rutherford v. McIvorSupreme Court of Alabama · 1852
- Prince v. PrinceSupreme Court of Alabama · 1880
- Crawford v. EngramSupreme Court of Alabama · 1908
- Broughton v. McIntoshSupreme Court of Alabama · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stone v. Mellon Mortgage CompanySupreme Court of Alabama · 2000
- Rice v. Tuscaloosa CountySupreme Court of Alabama · 1941
- Brown Funeral Homes Ins. Co. v. BaughnSupreme Court of Alabama · 1933
- American Surety Co. of New York v. SteenSupreme Court of Oklahoma · 1922
- Beasley v. BeasleySupreme Court of Alabama · 1921
2 more not listed; retrieve them via the Exa API.