Wollan v. McKay
Idaho Supreme Court
APPEAL from tbe District Court of the Eighth' Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action upon promissory notes secured by mortgage. Money paid.without consideration, under mistake of law and not owing in law or conscience and which ought not to be retained, may be recovered back. (Lowndes v. Chisolm (S. C.), 2 McCord’s Ch. 455, 16 Am. Dec. 667; Culbreath v. Culbreath, 7 Ga..64, 50 Am. Dec. 375; Warder v. Tucker, 7-Mass. 449, 5 Am.
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APPEAL from tbe District Court of the Eighth' Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action upon promissory notes secured by mortgage. Money paid.without consideration, under mistake of law and not owing in law or conscience and which ought not to be retained, may be recovered back. (Lowndes v. Chisolm (S. C.), 2 McCord’s Ch. 455, 16 Am. Dec. 667; Culbreath v. Culbreath, 7 Ga..64, 50 Am. Dec. 375; Warder v. Tucker, 7-Mass. 449, 5 Am. Dee. 62; Lawrence v. Beaubien, 2 Bail. (S. C.) 623, 23 Am. Dec. 155; McMurtry v. Kentucky Cent. B. Co., 84 Ky. 462, 1 S. W. 815; Coudert…
1Opinion of the CourtStewart, J.
This action was brought by the plaintiff against the defendant upon two promissory notes, one for *693$200, dated March 10, 1908, signed by the defendant and payable to the plaintiff and the other for $650 dated March 10, 1908, signed by the defendant, payable to the plaintiff. A mortgage was also given to secure the payment of said notes. It is alleged in the complaint that the mortgage was upon an undivided one-half interest in and to a certain tract of land.
The second cause of action was set forth in the complaint wherein it is alleged that on the 10th day of March, 1908, the plaintiff was the…
2Cases cited7 opinions
- Stoddard v. TreadwellCalifornia Supreme Court · 1864
- Kilmer v. . SmithNew York Court of Appeals · 1879
- Wyman v. HerardSupreme Court of Oklahoma · 1899
- Willman v. FriedmanIdaho Supreme Court · 1894
- Wait v. Wheeler & Wilson Manufacturing Co.Oregon Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Glenn Dick Equipment Co. v. Galey Construction, Inc.Idaho Supreme Court · 1975
- Lindberg v. RosethIdaho Supreme Court · 2002
- Nab v. HillsIdaho Supreme Court · 1969
- Thomas v. CampbellIdaho Supreme Court · 1984
- C. I. T. Corporation v. ElliottIdaho Supreme Court · 1945
3 more not listed; retrieve them via the Exa API.