West v. Houston

Superior Court of Delaware

West v. Houston

4 Del. 170

Superior Court of Delaware·Decided July 1, 1844·Published

Opinion

The Court

ordered a nonsuit. Where there is a payment in ignorance or mistake of a fact, it may be recovered back, unless the I mistake arises from the negligence of the party to examine and take notice of information within his full means of knowledge. Here the plaintiff was party to the very record of the judgment which he was paying, which record showed the fact he now alledges he was ignorant of.

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The Court

ordered a nonsuit. Where there is a payment in ignorance or mistake of a fact, it may be recovered back, unless the I mistake arises from the negligence of the party to examine and take notice of information within his full means of knowledge. Here the plaintiff was party to the very record of the judgment which he was paying, which record showed the fact he now alledges he was ignorant of.

West v. Houston, 4 Del. 170 (Del. Ct. App. 1844).

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