(Download) "Hoffman & Co. v. Bank of Milwaukee" by United States Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Hoffman & Co. v. Bank of Milwaukee
- Author : United States Supreme Court
- Release Date : January 01, 1870
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Mr. M. H. Carpenter, for the plaintiff in error: The case is this: The defendants are owners of certain drafts drawn upon the plaintiffs, which the defendants know the plaintiffs will not pay unless accompanied with bills of lading, which will authorize the plaintiffs to receive the flour, upon the faith and security of which the drafts are drawn. And knowing this, the defendant presents said drafts to the plaintiffs, accompanied by forged bills of lading; and the plaintiffs, believing the bills of lading to be genuine, pay the money to the defendant. Had the plaintiffs known the real facts of the case they would not have accepted and paid the drafts, and could not have been compelled to do so, and the loss would have fallen on the defendants. The plaintiffs paid the drafts to the defendant because they did not know the facts; in other words, under a mistake. The money of the plaintiffs has therefore got into the pocket of the defendant without consideration; both the plaintiffs in paying and the defendant in receiving the money being mutually mistaken about the fact which was the inducement for the plaintiffs to pay the money. Money so paid can be recovered.1