Opinion
Decided June 4, 1935.
ACTIONS, to recover money paid by mistake. The plaintiff as administrator of the estate of a Massachusetts decedent by mistake voluntarily paid the defendants as heirs-at-law of the decedent larger amounts than their shares. The court (Burque, J.) granted the plaintiff's motions for judgments on a referee's report finding that the payments were made because of the plaintiff's mistaken understanding that the defendants inherited by representation instead of per capita, and the defendants excepted.
Fred S. Wright (by brief and orally), for the plaintiff.
Frank S. Williams (by brief and orally), for Alice S. Hewes.
John F. Cronin, for Harry D. Webb, furnished no brief.
The law is well settled that money voluntarily paid under a mistake of law cannot be recovered. Keazar v. Bank, 75 N.H. 278, 280, and cases cited; Clough v. Railroad, 77 N.H. 222, 251; Page, Contracts, (2d ed.) s. 1564.
Judgments for the defendants.