A. was financed by B. and Co. and C. and Co., both firms of bankers, who advanced him money on the security of goods. A. sold goods to D. and Co., and instructed them to remit the price direct to B. and Co., who had a right of security over the particular goods sold. D. and Co. by mistake remitted the price to C. and Co., who received it in good faith believing that it represented a sum due to them of a similar amount. In a previous action, reported (1905) A.C. 454), the House of Lords found D. and Co. liable to pay the sum again to B. and Co. In the present action (a jury having found in fact that what had occurred had not altered C. and Co.’s position as regarded A. for the worse), held that D. and Co. were entitled to recover the money from C. and Co. as being money paid under a mistake of fact.
Judges:
Lord Chancellor (Loreburn), Lords James of Hereford, Robertson, and Atkinson
Citations:
[1907] UKHL 633
Links:
Jurisdiction:
England and Wales
Contract, Banking
Updated: 27 April 2022; Ref: scu.622307