10 Cited authorities

  1. Haskins v. Prudential Ins. Co. of America

    230 F.3d 231 (6th Cir. 2000)   Cited 58 times
    Holding that, even in the Title VII context, the parties are "chargeable with the knowledge of the terms contained in the contract"
  2. Hummel v. Hummel

    133 Ohio St. 520 (Ohio 1938)   Cited 345 times
    Extending liability to non-contracting third party who had knowledge of the transaction and unjustly received money
  3. Davis Tatera Nc. v. Gray-Syracuse

    796 F. Supp. 1078 (S.D. Ohio 1992)   Cited 40 times
    Stating that the plaintiff could not prevail on its claim for unjust enrichment where the plaintiff's claims were governed by a contract
  4. Case Western Reserve Univ. v. Friedman

    515 N.E.2d 1004 (Ohio Ct. App. 1986)   Cited 29 times

    No. 11-053 Decided November 21, 1986. Real property — Mistaken payment of real property taxes by former owner — Recovery from new owner permitted, when. O.Jur 3d Payment and Tender §§ 64, 71. A former property owner who mistakenly pays real estate taxes on property owned by another, due to a mistake of fact, is entitled to reimbursement from the new property owner. APPEAL: Court of Appeals for Lake County. Joel A. Makee and Sharon R. Barner, for appellant. James J. Bartolozzi, for appellees. COOK

  5. Bank One Trust Co. v. LaCour

    721 N.E.2d 491 (Ohio Ct. App. 1999)   Cited 13 times
    In LaCour, the payee spent the mistakenly paid monies on his pre-existing financial liabilities, debts, and daily expenses of his law practice.
  6. Nationwide v. Myers

    67 Ohio App. 2d 98 (Ohio Ct. App. 1980)   Cited 14 times

    No. 9374 Decided January 30, 1980. Insurance — Life insurance — Proceeds paid to wrong "beneficiary" under mistake of law — Recipient not required to return the proceeds, when — Interest on insurance proceeds — Payable from time notice of death has been properly presented, when. 1. Where a life insurance policy has no definite date set as to the time when a proof of loss is to be filed, the amount due the beneficiary is payable at the time notice of death has been properly presented; and, interest

  7. Luebke v. Moser

    74 Ohio App. 3d 200 (Ohio Ct. App. 1991)   Cited 2 times

    No. 90-OT-008. Decided May 17, 1991. Appeal from the Port Clinton Municipal Court. Kathleen L. Giesler, for appellee. Ernest E. Cottrell, Jr., for appellant. HANDWORK, Presiding Judge. This matter is before the court on appeal from the June 8, 1989 and March 2, 1990 orders of the Port Clinton Municipal Court which granted summary judgment in favor of appellee, Thomas W. Luebke, and dismissed the counterclaim of appellant, Paul Moser. On appeal, appellant asserts the following assignments of error:

  8. In re Estate of Kangesser

    247 N.E.2d 724 (Ohio 1969)   Cited 2 times

    No. 68-499 Decided May 21, 1969. Taxation — Inheritance taxes, paid under mistake of law, not recoverable — Executor's mistake in interpreting legal effect of will — Mistake one of law. 1. Where the executor of an estate, in filing an application for the determination of inheritance taxes, makes a mistake in interpreting the legal effect and operation of the language of the will as to who the legal successor is, such mistake is a mistake of law and not a mistake of fact. 2. Inheritance taxes voluntarily

  9. Heights Deposit Bank Case

    13 A.2d 78 (Pa. Super. Ct. 1940)

    March 5, 1940. May 8, 1940. Set-off — Joint bank deposit — Assent of co-owner — Voluntary payment — Mistake of law. 1. One of the owners of a joint deposit account in a bank may not set-off the claim in an action against him for his personal indebtedness to the bank unless he has the assent of his co-owner at the time the set-off is claimed. 2. Where such owner makes voluntary payment of his indebtedness to the bank, even though under a mistake of law, he cannot recover back such payment or that

  10. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 13,176 times   6 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion