Bilbie against Lumley and Others
| Jurisdiction | England & Wales |
| Judgment Date | 28 June 1802 |
| Date | 28 June 1802 |
| Court | Court of the King's Bench |
English Reports Citation: 102 E.R. 448
IN THE COURT OF KING'S BENCH.
Distinguished, Hales v. Freeman, 1819, 4 Moore, 21. Discussed, Smith v. Alsop, 1824, 13 Price, 825.
bilbie against lumley and others. Monday, June 28th, 1802. Money paid by one with full knowledge (or the means of such knowledge in his hands) of all the circumstances cannot be recovered back again on account of such payment having been made under an ignorance of the law. [Distinguished, Hales v. Freeman, 1819, 4 Moore, 21. Discussed, Smith v. Alsop, 1824, 13 Price, 825.] This was an action for money had and received, and upon other common counts, which was brought by an underwriter upon a policy of insurance in order to recover back 1001. which he had paid upon the policy as for a loss by capture to the defendants the assured. The ground on which the action was endeavoured to be sustained was that the money was paid under a mistake, the defendants not having at the time of the insurance effected disclosed to the underwriter (the present plaintiff) a [470] material letter which had been before received by them relating to the time of sailing of the ship insured. It was not now denied that the letter was material to be disclosed ; but the defence rested on now and at the trial was that before the loss on the policy was adjusted, and the money paid by the present plaintiff, all the papers had been laid before the underwriters, and amongst others the letter in question : and therefore it was contended at the trial before Booke J. at York, that the money having been paid with full knowledge, or with full means of knowledge of all the...
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