Holt v. Ruleau
Supreme Court of Vermont
Contract, in the common counts. Plea, the general issue. Heard on the report of a referee at the December Term, 1916, Bennington County, Slach, J., presiding. Judgment for plaintiff. Defendant excepted. The opinion states the facts. Where money has been obtained by one person from another through fraud or mistake and without consideration, it may be recovered back in this form of action.
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Contract, in the common counts. Plea, the general issue. Heard on the report of a referee at the December Term, 1916, Bennington County, Slach, J., presiding. Judgment for plaintiff. Defendant excepted. The opinion states the facts. Where money has been obtained by one person from another through fraud or mistake and without consideration, it may be recovered back in this form of action. Johnson v. Cate, 77 Vt. 218, 225; Colgrove v. Fillmore, 1 Aik. 347; James v. Hodsden, 47 Vt. 127; Loomis v. Wainwright, 21 Vt. 520; C. & P. R. R. Co. v. Newell, 31 Vt. 364; D’Utricht v. Melchor, 1 Dall. 428,…
1Opinion of the CourtMiles, J.
This is an action of contract on the common counts, to recover money paid under a mistake of fact. The case was referred and report made, and upon the finding of facts reported, judgment was rendered for the plaintiff. No exception was taken to the report and only one is brought to this Court, and that is to the judgment rendered upon the report.
From the report and the exhibits referred to and made a part thereof, it appears that on the 13th day of December, 1864, Edwin D. Mattison conveyed a ten acre piece of land in Sunderland, Vt., to the defendant; that on the 31st day of March, 1869, the…
2Cases cited9 opinions
- Morse v. KenneySupreme Court of Vermont · 1914
- State v. Village of St. JohnsburySupreme Court of Vermont · 1887
- Mathie v. HancockSupreme Court of Vermont · 1906
- Underhill v. Rutland RailroadSupreme Court of Vermont · 1916
- James v. HodsdenSupreme Court of Vermont · 1874
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3Cited by5 opinions
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- Courtney v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1935