Stuart v. Sears
Cases that cite this one
10 later published cases cite this decision.
- Peninno v. Woodbridge (Mass. Dist. Ct., App. Div. 1942)
- Union Central Life Ins. Co. v. Glasscock (Court of Appeals of Kentucky (pre-1976) 1937)
- Gold Brand Confectionery, Inc. v. Dimick (Mass. 1931)
- Flynn v. Colbert (Mass. 1925)
- Long v. U. S. Fidelity & Guaranty Co. (N.C. 1919)
- Becthold v. King (Minn. 1916)
- Smith v. William H. Haskell Mfg. Co. (R.I. 1906)
- Headley v. Hackley (Mich. 1883)
- Merchants' Insurance Co. of Providence v. Abbott (Mass. 1881)
- Penobscot Railroad v. Mayo (Me. 1878)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The instructions to the jury were in exact accordance with the well settled law. If the sum now sued for was allowed in the settlement between the parties, without fraud, by way of compromise of a doubtful claim, it could not be recovered back; but if it was paid by the plaintiffs, relying upon erroneous vouchers produced by the defendant at the time of the settlement, it might, even if there was no fraud, be recovered back as money paid by mistake. Riggs v. Hawley, 116 Mass. 596, 598. Merchants’ National Bank v. National Eagle Bank, 101 Mass. 281, 285. Paige v. Sherman, 6 Gray, 511. Union Bank v. Bank of United States, 3 Mass. 74. Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.