Fegan v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Glaspell, J. Action by Wilkin W. Fegan against the Great Northern Railway company. Judgment for defendant, and plaintiff appeals. A payment made under belief of a liability, which did not exist in fact, is not voluntary, and the money may be recovered back, though the mistake might have; been avoided if greater care had been taken to investigate and ascertain the facts regarding the transaction.
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Appeal from District Court, Grand Forks County; Glaspell, J. Action by Wilkin W. Fegan against the Great Northern Railway company. Judgment for defendant, and plaintiff appeals. A payment made under belief of a liability, which did not exist in fact, is not voluntary, and the money may be recovered back, though the mistake might have; been avoided if greater care had been taken to investigate and ascertain the facts regarding the transaction. United States v. Barlow, 132 U. S. 271-282; Brown v. Tillinghast, 84 Fed. Rep. 71; Wheadon v. Olds, 20 Wend. 174; Clark v. Sylvester, 13 Atl. Rep. 404;…
1Opinion of the CourtWallin, J.
This action was tried in the District Court without a jury, and judgment was entered in that " court dismissing the action. None of the findings of fact are challenged in this court, but the appellant claims here that the conclusions of law and the judgment are unwarranted by the facts as found. It appears that this action is for money had and received, and is brought to recover $904.83, with interest after July 1, 1895, which principal sum plaintiff claims was paid by him to the defendant under a mistake of fact. The fact of such payment is not in dispute, and the findings show that the same…
2Cases cited6 opinions
- Espy v. Bank of CincinnatiSupreme Court of the United States · 1874
- Supreme Council Catholic Knights v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Sixth Circuit · 1894
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- McArthur v. LuceMichigan Supreme Court · 1880
- Norton v. MardenSupreme Judicial Court of Maine · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- James River National Bank v. WeberNorth Dakota Supreme Court · 1910
- Rohrville Farmers Union Elevator Co. v. FrisonNorth Dakota Supreme Court · 1950
- Jacobson v. Mohall Telephone Co.North Dakota Supreme Court · 1916