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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... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Page 357
by John Lansing Wendell - 1874
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A Digest of the Laws of England, Volume 1

Sir John Comyns - Law - 1824 - 840 pages
...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...
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A Treatise on the Law Relating to the Powers and Duties of Justices of the ...

Joseph Rockwell Swan - Constables - 1837 - 614 pages
...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...
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ...

Esek Cowen - Justices of the peace - 1841 - 590 pages
...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...
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A Selection of Leading Cases, on Various Branches of the Law, Volume 2

John William Smith - Law reports, digests, etc - 1855 - 798 pages
...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...
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Albany Law Journal, Volume 12

Law - 1875 - 462 pages
...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...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Volume 5

William Wait - Actions and defenses - 1878 - 1026 pages
...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,...
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City Court Reports: Containing Decisions of the Marine Court of ..., Volume 1

Daniel T. Robertson, New York (State). Marine Court (New York), Edward Jacobs - Law reports, digests, etc - 1883 - 646 pages
...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,...
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The American Decisions: Containing All the Cases of General Value ..., Volume 19

Law reports, digests, etc - 1886 - 824 pages
...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...
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The American Decisions: Containing All the Cases of General Value ..., Volume 32

Law reports, digests, etc - 1886 - 870 pages
...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....
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Benjamin's Treatise on the Law of Sale of Personal Property: With References ...

Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1888 - 810 pages
...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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