Carpenter v. Southworth

Citations

• 165 F. 428
• 91 C.C.A. 378
• 1908 U.S. App. LEXIS 4773

Syllabus

<p>1. Payment (§ 84*) — Recovery of Payments — Mistake of Law — Payment to Trustee in Bankruptcy.</p> <p>The rule that payments made under mistake of law are not recoverable does not apply to a payment made to a trustee in bankruptcy or other officer of a court bolding the funds in his hands upon trust for equitable distribution.</p> <p>[Ed. Note. — For other cases, see Payment, Cent. Dig. § 267; Dec. Dig. § 84.*]</p> <p>2. Payment (§ 84*) — Recovery op Payments — Nature and Grounds op Right.</p> <p>An action to recover money paid by mistake is equitable in its nature, and when a payment is made which the payee in good conscience is entitled to retain it cannot be recovered.</p> <p>[Ed. Note. — For other cases, see Payment, Cent. Dig. § 267; Dee. Dig. § 84.*]</p> <p>3. Payment (§ 89*) —Action to Recover Payment— Sufficiency of Com- ■ PLAINT.</p> <p>A complaint, in an action against a trustee in bankruptcy to recover a payment alleged to have been made to him by plaintiff in ihe mistaken belief that under a prior decision of the court he was liable therefor does not state a cause of action, where it does not show that he would not otherwise have made the payment, nor that he was not in fact liable.</p> <p>[Ed. Note. — For other cases, see Payment, Cent. Dig. § 291; Dee. Dig. § 89.*]</p>