Bradshaw v. Glasscock

Citations

• 91 Kan. 11
• 136 P. 933
• 1913 Kan. LEXIS 324

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Voluntary Payment — Induced by Fraud or Improper Conduct — May be Recovered Back. The general rule that a voluntary payment made under a mistake or in ignorance of law can not he recovered- bade has no application where the payment was not made with full knowledge of all the facts or where it was induced by the fraud or improper conduct of the payee.</p> <p>2. - Same. Plaintiffs were indebted to a real-estate agent for a commission. Upon the representations of the defendant that he was a partner of the agent they paid him the commission. Subsequently the agent sued them and recovered judgment for the amount of the commission on the ground that defendant was not his partner and had no authority to receive the-money. In an action by the plaintiffs against the defendant to recover back the money, it is held that a general verdict in their favor, which includes findings that the defendant never was a partner of the agent, that he had no authority to receive the money, that it was paid to him upon the representation that he was a partner, overturns his defense that it was a voluntary payment as well as his defense that plaintiffs are es-topped from maintaining the action because of their failure to pay the money into court and allow the question of partnership to be litigated between the agent and the defendant.</p>