Hibbs v. Beall
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia in an action brought to recover back money claimed to have been paid defendant by mistake. The Court in the opinion stated the facts as follows: Appeal from a judgment in the supreme court of the District for Fred Beall, the defendant, appellee here, in an action for the recovery of $799.20, with interest, claimed to have been paid the defendant by mistake.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia in an action brought to recover back money claimed to have been paid defendant by mistake. The Court in the opinion stated the facts as follows: Appeal from a judgment in the supreme court of the District for Fred Beall, the defendant, appellee here, in an action for the recovery of $799.20, with interest, claimed to have been paid the defendant by mistake. The plaintiff, W. B. Hibbs, is the surviving member of the firm of W. B. ITibbs & Company, a copartnership engaged in the stock…
1Opinion of the CourtJustice Robb
There are no disputed questions of fact in the case, and it therefore becomes material to determine whether the plaintiff was in any event entitled to recover. It is a general rule that where money is paid by mistake, neither party being in fault, the party paying the money may recover it as money paid without consideration, as money had and received by the defendant to the use of the plaintiff. Strauss v. Hensey, 9 App. D. C. 541; United States v. Carr, 132 U. S. 644, 33 L. ed. 483, 10 Sup. Ct. Rep. 182. But this rule is not without limitations. Where the mistake and the payment result from…
2Cases cited6 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
- Bend v. HoytSupreme Court of the United States · 1839
- Ball v. . ShepardNew York Court of Appeals · 1911
- United States v. CarrSupreme Court of the United States · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- ASSOC. OF AMERICAN RAILROADS v. ConnertonDistrict of Columbia Court of Appeals · 1999
- Qatar National Bank v. Winmar, Inc.District Court, District of Columbia · 2009
- Ellery v. Washington Loan & Trust Co.Court of Appeals for the D.C. Circuit · 1940
- Lanston v. American Security & Trust Co.District of Columbia Court of Appeals · 1943
- Qatar National Bank v. Winmar, Inc.District Court, District of Columbia · 2009