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AMALGAMATED ASSO., ETC., DIV. 998, v. DANIELSON

24 Wis.2d 33 (1964)

AMALGAMATED ASSOCIATION OF STREET ELECTRIC RAILWAY & MOTOR COACH EMPLOYEES OF AMERICA, DIVISION 998, Appellant, v. DANIELSON, Respondent.

Supreme Court of Wisconsin.

April 28, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Jack A. Berland of Milwaukee.

For the respondent there was a brief by Quarles, Herriott & Clemons, attorneys, and Laurence E. Gooding, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Gooding.

FAIRCHILD, J.

It is undisputed that the defendant received $200 which the union paid under a mistake of fact. It seems evident that at the time the officers of the local union made the second $200 payment, they had forgotten having made the earlier payment. A party who has expended money by mistake of fact may ordinarily recover such sum in an action for money had and received. As stated in 40 Am. Jur., Payment, p. 849, sec. 197:

"The knowledge of the facts...

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