| 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... | |
| 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... | |
| 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... | |
| 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:... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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