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" This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged. "
A Selection of Leading Cases, on Various Branches of the Law - Σελίδα 391
των John William Smith - 1855
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Essays on the Action for Money Had and Received, on the Law of Insurances ...

William David Evans - 1802 - 364 σελίδες
...the fubjsfr..— • " This kind of equitable aftion to r.ecover money, which ought not in juftice to be kept, is very beneficial, and therefore much encouraged. It lies only for money, which ex ceguo et botto, the defendant ought to refund, it does not lie for mor.ey paid by the plaintiff, which...

A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - 1834 - 850 σελίδες
...received by an Intruder. 15. Against Sheriffs, $c. 1. hi general. — "This kind of equitable action to recover back money, which ought not in justice...therefore much encouraged. It lies only for money which ex aequo et bono the defendant ought to refund : it does not lie for money paid by the plaintiff, which...

A Selection of Leading Cases on Various Branches of the Law ..., Τόμος 2,Μέρος 1

John William Smith - 1840 - 530 σελίδες
...statedin the note lo Cutter v. Powell, ante p. 16, proceeded on the same principle. The case ofMoset v. Macfarlane, which is said at the commencement of...much encouraged. It lies only for money which, ex tequo et hono, the defendant ought to refund. It does not lie for money paid by the plaintiff which...

A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - 1845 - 544 σελίδες
...entitled to the money sought to be recovered ; and it has been observed that tins kind of equitable action to recover back money which ought not in justice to...which ex cequo et bono the defendant ought to refund (^). (d) Bac. Aphorisms, 46; 2 Dwarr. (e) Per Duller, J., 4 TU 344. Stats. 782. See per Wilmot, CJ....

A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - 1845 - 1174 σελίδες
...Burr. 1012,* enumerated some of the cases to which it was applicable. " This kind of equitable action to recover back money which ought not in justice to...therefore much encouraged. It lies only for money which ex teqvo et bono, the defendant ought to refund.^ It does not be for money paid by the plaintiff, which...

The Practice in Civil Actions and Proceedings at Law, in Ohio, and ..., Τόμος 1

Joseph Rockwell Swan - 1845 - 680 σελίδες
...holder of the note or bill may recover under this count. 89 Money had and received. It lies, in general, to recover back money which ought not, in justice, to be kept; but it lies only for money which ex sequo et bono the defendant ought to refund. 90 It is the proper...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Τόμος 1

Georgia. Supreme Court - 1847 - 710 σελίδες
...vs. lias/all, 2d Term Jlep. 370. In Moses rs. McFarlaue, it is said, " This kind of equitable action to recover back money which ought not in justice to be kept, is rery beneficial, and therefore much encouraged. It lies for money got through imposition, express or...

The Law Review and Quarterly Journal of British and Foreign ..., Τόμος 9

1849 - 472 σελίδες
...entitled to the money sought to be recovered ; and it has been observed that this kind of equitable action to recover back money which ought not in justice to...which, ex cequo et bono, the defendant ought to refund. ' The ground,' observed Tindal, CJ, in a recent case, ' upon which an action of this description is...

A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1852 - 616 σελίδες
...to the money sought to be recovered ; and it has been observed, that this kind of equitable action to recover back money which ought not in justice to...money which, ex cequo et bono, the defendant ought to refund.3 " The ground," observed Tindal, CJ, in a recent case,4 " upon which an action of this description...

A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1854 - 622 σελίδες
...to the money sought to be recovered ; and it has been observed, that this kind of equitable action to recover back money which ought not in justice to...much encouraged. It lies only for money which, ex aequo ct bono, the defendant ought to refund.3 " The ground," observed Tindal, CJ, in a recent case,4...




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