A Treatise On the Principles of Pleading in Civil Actions Under the New York Cod
A Treatise On the Principles of Pleading in Civil Actions Under the New York Cod
George Van Santvoord
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* If one, who has agreed to do certain work after the other has removed certain obstacles, on his neglect to do so expend money in removing them so he can proceed with the work, such payment is voluntary and the amount so expended cannot be recovered back;' so the payment of the principal and interest on an usurious loan. ' An indorser, who pays a note to the holder under a mistaken belief founded on statements of the holder that he, the indorser, has been duly charged, or that a prior indorser... has been, may, on discovering that he was not so charged, maintain an action to recover back the amount paid ; * so money paid under a mutual mistake of facts. ' Where the owner of goods is compelled to pay a carrier or other person holding them more than is justly his due in order to obtain the goods, the payment is not voluntary and the excess may be recovered back, '" but this rule is not applicable to real estate ; " or where the owner of a boat pays an illegal sum in order to obtain a clearance of his vessel ; " so an owner of goods Fleetwood v.
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