The knowledge or belief that negatives misreliance is a knowledge or belief present to the mind at the time the benefit is conferred. One who has forgotten a fact once known to him, or believed by him, and consequently falls into an erroneous conception of his right or duty, is just as much entitled to relief as if he had never known the fact. If it were held otherwise, "a man's rights would depend upon the strength of his memory":1
Kelly v. Solari, 1841, 9 Mees. & Wels. 54: Action by a director of an insurance company to recover money paid on a policy. The directors who paid the money had been informed that the policy had lapsed by reason of the nonpayment of a premium, but they testified that at the time of paying the money they had entirely forgotten that the policy had lapsed. Lord Abinger, C.B. (p. 58): "I certainly laid down the rule too widely to the jury, when I told them that if the directors once knew the facts, they must be taken still to know them, and could not recover by saying that they had since forgotten them. I think the knowledge of the facts which disentitles the party from recovering must mean a knowledge existing in the mind at the time of payment."
Citizens' Bank v. Rudisill, 1908, 4 Ga. App. 37; 60 S. E. 818: Powell, J. (p. 41): "The word 'knowledge,' when applied in this connection, is not, however, used in the broad sense in which it is sometimes used. A man may have a fact in memory, but at a given moment his faculty of recollection may not present it to him. For example, you pay a debt, and, being a conscious agent, you, of course, possess the cognition of the fact. Your memory stores it away. Later your creditor presents his demand again. Though in the broad sense knowing that you have paid it, and though still holding that fact dormant in your memory, yet not recalling it - that is, forgetting it - you pay it again. In such cases, for the purposes of the principles we are discussing, you are not considered as having knowledge of the fact." 1
1 Bibchard, J., in Narman v. Will, 1846, 1 Ohio Dec. 261; 5 West. Law Jour. 508.