 | Sir John Comyns - 1824 - 840 halaman
...326 — 7. If parties believing that a certain state of things exist, come to an agreement with this belief for its basis ; on discovering their mutual error they are remitted to their original rights. Hence where A. agreed to purchase a bar of silver from В., which by mutual agreement was referred... | |
 | Joseph Rockwell Swan - 1837 - 614 halaman
...his action, must be a mistake of fact, and not a mistake of law. The cases founded on mistake seoin to rest on this principle, that if parties, believing...basis, on discovering their mutual error, they are sent back and restored to their original rights; but when money is paid on a claim of right, made in... | |
 | Esek Cowen - 1841 - 590 halaman
...ignorant of the legal consequences, he is under an error of law. The cases founded on mistake, seem lo rest on this principle, that if parties, believing...error, they are remitted to their original rights; but where money is paid on a claim of right, made in good faith, and the party paying, acts with as... | |
 | John William Smith - 1855 - 798 halaman
...to examine and take notice of information within his reach ; West v. Houston, 4 Harrington, 170. " The cases founded on mistake, seem to rest on this...if parties believing that a certain state of things exist, come to an agreement with such belief for its basis, on discovering their mutual error, they... | |
 | 1875 - 462 halaman
...money erroneously paid, or allowed, under mutual ignorance or mistake of facts, may be recovered back. The cases founded on mistake seem to rest on this...agreement with such belief for its basis, on discovering tueir mutual error, they are remitted to their original rights. Mowat v. Wright, 1 Wend. 335-62, per... | |
 | William Wait - 1878 - 1026 halaman
...Wheat v. Crow, 31 Md. 99 ; SC, 1 Am. Rep. 28 ; Calkins v. Griswold, 11 Hun (NY), 208. The principle is, that if parties, believing that a certain state of...exists, come to an agreement with such belief for its 'basin, on discovering their mutual error, they arc remitted to their original rights. Mowatt v. Wright,... | |
 | Daniel T. Robertson, New York (State). Marine Court (New York), Edward Jacobs - 1883 - 646 halaman
...bW). The principle is founded in the rale, that if parties believing that 'a certain state of facts exists, come to an agreement with such belief for...error, they are remitted to their original rights (4 2nd. 43 ; 40 NY 391 ; 4 Bosw. 337 ; 7 Mich. 325). The motion to dismiss the complaint will be denied,... | |
 | 1886 - 824 halaman
...were not properly prepared with their evidence the first time. Neither of these cases can be said to be like this case; for, in the first, the recovery...mutual error, they are remitted to their original rigbts. On this principle was determined the case of Cox v. Prmdice, 3 Mau. & Sel. 344, where a bar... | |
 | 1886 - 870 halaman
...really exists is unknown, or some fact is supposed to exist, which really does not exist. And that, " the cases founded on mistake seem to rest on this...exists, come to an agreement with such belief for a basis, on discovering their mutual error, they are remitted to their original rights." In Cox v.... | |
 | Judah Philip Benjamin - 1888 - 810 halaman
...US (11 Pet.) 63; bk. 9, L. ed. 633; Greene v. Bateman, 2 Woodb. & MCC 359. It has been said that " the cases founded on mistake seem to rest on this...if parties believing that a certain state of things exist, come to an agreement with such belief for its basis, on discovering their mutual error they... | |
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The cases founded on mistake, says SAVAGE, Ch. J., in Mowatt v. Wright (1 Wend. 355), seem to rest on this principle, that if parties, believing that a certain state of things exist, come to an agreement with such belief for its basis, on discovering... 
