 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 966 pages
...must mean a knowledge existing in the mind at the time of payment." And Parke, B., said : " I think that, where money is paid to another under the influence...specific fact is true, which would entitle the other to 1842. the money, but which fact is untrue, and the money would not have been paid if it had been known... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 962 pages
...must mean a knowledge existing in the mind at the time of payment." And Parke, B., said : " I think that, where money is paid to another under the influence...specific fact is true, which would entitle the other to 1842. the money, but which fact is untrue, and the money would not have been paid if it had been known... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...it, may be recovered back as money had and received ;6 and in the case deciding this it was observed, that, where money is paid to another under the influence...the money, but which fact is untrue, and the money 1 Wilson T. Ray, 10 Ad. & E. 82 ; ECLR 87 ; on which case, see the observations of Tindal, CJ, in Gibson... | |
 | Tennessee. Supreme Court, William Gordon Swan - Law reports, digests, etc - 1854 - 756 pages
...affirmed. GUILD vs. BALDBIDQE. MISTAKE. When money paidander a mistake of facts may be recovered back. When money is paid to another under the influence of a...untrue, and the money would not have been paid if the fact had been known to the payer, an action will lie to recover it back, and this right proceeds... | |
 | Law - 1856 - 782 pages
...fully discussed in the case of Kelly v. Solari, (9 Mee. & W. 54.) Baron Parke there says: " 1 think that where money is paid to another under the influence...which fact is untrue, and the money would not have beeu paid if it had been known to the payer thut the fact was untrue, an action will lie to recover... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman, Great Britain. Court of Exchequer - Law reports, digests, etc - 1857 - 1036 pages
...testator to take advantage of his wrong. In Kelly v. Solari (a) Parhe, B., lays down the doctrine, " where money is paid to another under the influence of a mistake, that is, upon the supposition (a) 9 M. & W. 34. r 2 1856. that a specific fact is true which would entitle the other to the money,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1869 - 1144 pages
...from the judgment of PARKE, В., shows the true ground of-the decision. His lordship says, "I think that where money is paid to another under the influence...that a specific fact is true, which would entitle 'he other to the money, but which fact is untrue, and the money would not have been paid if it had... | |
 | Law - 1901 - 510 pages
...last century Baron Parke. in deciding Kelly v. Solari (9 M. & W. 428), stated as a rule : " VVhere money is paid to another under the influence of a...is untrue, and the money would not have been paid, had it been known to the payer that the fact was untrue, an action would lie to recover it back." The... | |
 | Isaac Grant Thompson, Robley D. Cook - Law reports, digests, etc - 1874 - 784 pages
...life policy, it is conceded that to entitle the plaintiff to recover, the money must have been paid "under the influence of a mistake, that is, upon the...true which would entitle the other to the money," and " under the impression of the truth of a fact which is untrue," and in the case of The Kingston... | |
 | William Wait - Actions and defenses - 1878 - 1004 pages
...498. The rule was well expressed in Chtild y. Baldridge, 2 Swan (Tenn.), 295, in which it was said that, "where money is paid to another under the influence of a mistake, that is, on the supposition that a specific fact is true, which would entitle the other to the money, but which... | |
| |
that where money is paid to another under the influence of a mistake (that is, upon the supposition that a specific fact is true) which would entitle the other to the money, but which fact is untrue, and the money would not have been paid if it had been... 
