 In order to entitle a person to recover back money paid under a mistake of fact, the mistake must be as to a fact which, if true, would make the person paying liable to pay the money ; not where, if true, it would merely make it desirable that he should...  The Law Journal - Stran 71926Celotni ogled - O knjigi
 | Edwin Tyrrell Hurlstone, John Paxton Norman, Great Britain. Court of Exchequer - 1857 - 1036 strani
...brother Martin, before he left the Court, desired me to say that he was of the same opinion, and so am I. \In order to entitle a person to recover back money...merely make it desirable that he should pay the money.. Here, if the fact was true, the bankers were at liberty to pay or not, as they pleased. I But relying... | |
 | Isaac Grant Thompson - 1885 - 944 strani
...liability to pay, it may generally be recovered back. 1 Pars. Cont. (6th ed ) 465. But it is also true that in order to entitle a person to recover back money...merely make it desirable that he should pay the money. A iken v. Short, 1 Hurlst. & N*. 210. So that if the alleged representation of the defendant to the... | |
 | William Albert Keener - 1888 - 1234 strani
...brother Martin, before he left the court, desired me to say that he was of the same opinion, and so am I. In order to entitle a person to recover back money...would merely make it desirable that he should pay the money.1 Here, if the fact was true, the bankers were at liberty to pay or not, as they pleased. But... | |
 | 1888 - 428 strani
...necessary conditions existing, will a Court regard as sufficient ? In Aiken -v. Short,7 Bramwell said : " In order to entitle a person to recover back money paid under a mistake of fact, the 1 Lamb v. Cranfield, 43 LJ Ch. 408. * Hewer v. Bartholomew, Cro. Eliz. 614. * Tomkyns v. Barnet, Skin.... | |
 | New South Wales. Supreme Court - 1890 - 874 strani
...falls directly within the proposition stated by Bramivell, B., in Aiken v. Short (1), where he says : " In order to entitle a person to recover back money...liable to pay the money not where if true it would make it desirable he should pay the money." In the case of Chambers v. Miller (2), when a clerk in... | |
 | Edwin Hamlin Woodruff - 1905 - 718 strani
...pay, it may generally be recovered back, 1 Parsons on Con. 465 (6th Ed.). But it is also true that in order to entitle a person to recover back money...merely make it desirable that he should pay the money. Aiken v. Short, 1 Hurlst. & N. Exch. 210. So, that if the alleged representation of the defendant to... | |
 | 1905 - 496 strani
...money paid by mistake ; or upon a consideration which happens to fail. The mistake must be a mistake " as to a fact which, if true, would make the person...merely make it desirable that he should pay the money," per Baron BRAMWELL in Aiken v. Short (4). The same proposition is involved in the second head—that... | |
 | James Andrew Strahan, George Harry Blair Kenrick - 1913 - 660 strani
...must be fundamental. In the words of BUAMWELL, B., in Aiken v. Short (1856), 1 H. & N. 210, at p. 215, the mistake must be " as to a fact which, if true,...merely make it desirable that he should pay the money." In other words, the mistake must go to the whole basis of the transaction — the payer's liability,... | |
 | Frederic Campbell Woodward - 1913 - 576 strani
...take the property mortgaged, brought this action to recover the amount paid. BRAMWELL, B. (p. 215) : "In order to entitle a person to recover back money...true, would make the person paying liable to pay the not where, if true, it would merely make it desirable should pay the money. It is impossible to say... | |
 | Eugene Allen Gilmore, William Charles Wermuth - 1914 - 888 strani
...brother Martin, before he left the court, desired me to say that he was of the same opinion, and so am I. In order to entitle a person to recover back money...merely make it desirable that he should pay the money. See Wilson v. Thornbury, LR 10 Ch. 239. Here, if the fact was true, the bankers were at liberty to... | |
| |
