Jonklaas v. Silverman
Rhode Island Supreme Court
370 A.2d 1277, 117 R.I. 691 (1977)
- Written by Serena Lipski, JD
Facts
The plaintiff was a stockbroker who paid the defendant the proceeds of the sale of stock twice, once immediately after the sale and then again a year later. Upon discovery of the double payment, the plaintiff sued the defendant, seeking restitution. The defendant argued that he had changed his circumstances because of the second payment and, therefore, requiring him to pay restitution would be inequitable. The defendant did not attempt to explain how his circumstances had changed because of the second payment. The defendant only claimed that he had not been enriched and that he had not noticed the second payment because he was experiencing financial trouble and had a loss in his family. The trial court excluded the defendant’s evidence of changed circumstances, and found in favor of the plaintiff, ordering full restitution. The defendant appealed, and the Rhode Island Supreme Court reversed and remanded, holding that the trial court erred in excluding the defendant’s evidence of changed circumstances.
Rule of Law
Issue
Holding and Reasoning (Doris, J.)
Dissent (Joslin, J.)
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