An action would lie against a recipient of money, paid under a mistake if fact, who (without notice of the mistake) had paid on the money in good faith as a principal to a third party from whom the recipient could not recover. The court rejected the existence of any general defence of change of position either at law or in equity.
Baron Pollock said: ‘Calm v. Manterman and other similar cases proceed upon the ground of some mutual relations between the parties creating a duty on the part of the plaintiff, breach of which disentitles him from recovering.’
Judges:
Baron Pollock
Citations:
[1880] 6 QBD 234
Jurisdiction:
England and Wales
Cited by:
Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 01 May 2022; Ref: scu.259530