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" If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the fact, the plaintiff meaning to waive all inquiry into it, and that the person receiving shall have the money at all events, whether the fact be true or false,... "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Page 161
by Oliver Lorenzo Barbour - 1868
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 62

Great Britain. Courts - Law reports, digests, etc - 1865 - 668 pages
...it can be sustained in point of law. If, indeed, the money is intention ally paid, without referenee to the truth or falsehood of the fact, the plaintiff...events, whether the fact be true or false, the latter is certainly entitled to retain it: but, if it is paid under the impression of the truth of a fact which...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - Legal maxims - 1874 - 880 pages
...party receiving may have been ignorant of the mistake. If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the fact, the plaintiff, being a mere volunteer,5 or if the plaintiff mean to waive 1 Kelly i1. Solari, 9 M. & W. 54 (cited...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Volume 4

William Wait - Actions and defenses - 1878 - 1004 pages
...Salem Bank, 9 Mass. 408. But there must have been a mistake. " If the money was intentiojiatty paid without reference to the truth or falsehood of the...all inquiry into it, and that the person receiving the money shall have it, at all events, whether the fact be true or false, the latter is entitled to...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 2

Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1879 - 712 pages
...Story on Sales, sec. 146 ; Kelly v. Solari,. 9 M. & Wellsby, 59. "But if money is intentionally paid without reference to the truth or falsehood of the...events, whether the fact be true or false, the latter is certainly entitled to retain it." See case last cited, p. 59. Lord Olinger, CB, says in the same c:..-j:...
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A Treatise on the Law of Fraud and Mistake

William Williamson Kerr - Fraud - 1883 - 640 pages
...of the fact, the party paying meaning to waive all enquiry into it, and that the person receiving it shall have the money at all events, whether the fact...true or false, the latter is entitled to retain it (pp). Money paid in ignorance of the facts is recoverable, provided there has been no laches in the...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - Legal maxims - 1884 - 1078 pages
...plaintiff, being a mere volunteer (/), or if the plaintiff mean to waive all inquiry into the fact ((/), aud that the person receiving shall have the money at all events whether it be true or false, the latter is certainly (b) Ante, p. 250. v. Rigg, and J-'ornan v. Wright, 11...
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A Selection of Cases on the Law of Quasi-contracts, Volumes 1-2

William Albert Keener - Quasi contracts - 1888 - 1234 pages
...authority, I do not think it can be sustained in point of law. If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the...events, whether the fact be true or false, the latter is certainly entitled to retain it ; but if it is paid under the impression of the truth of a fact which...
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The American Decisions: Containing All the Cases of General ..., Volume 100

Law reports, digests, etc - 1888 - 864 pages
...authority, I do not think it can be sustained in point of law. If, indeed, the money is intentionally paid without reference to the truth or falsehood of the...events, whether the fact be true or false, the latter is certainly entitled to claim it; but if it is paid under the impression of the truth of a fact which...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 3

John William Smith - Law reports, digests, etc - 1889 - 760 pages
...authority, I do not think it can be sustained in point of law. If, indeed, the money is intentionally paid without reference to the truth or falsehood of the...events, whether the fact be true or false, the latter is certainly entitled to retain it; but if it is paid under the impression of the truth of a fact which...
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Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to ...

Edward Bullen, Thomas Joseph Bullen - Forms (Law) - 1897 - 1210 pages
...which had previously caused the policy to lapse (Kelly v. Sofori, 9 M. & W. 54); but if the money is d it is a voluntary payment, und cannot be recovered (per Parke, В., in Kelly v. Sofort, supra). The...
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