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" In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'. "
The Law of Contracts and Promises Upon Various Subjects and with Particular ... - Σελίδα 344
των Samuel Comyn - 1824 - 654 σελίδες
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A Treatise of the Law Relative to Contracts and Agreements Not ..., Τόμος 2

Samuel Comyn - 1807 - 646 σελίδες
...the cafe, is obliged by the ties of natural juftice and equity to refund the money. Therefore we arc all of us of opinion, that the plaintiff might elect...any demand upon the foot of the indemnity, for the cofts he had been put to ; and bring this action to recover the 61. t which the defendant got and kept...

Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Τόμος 5

Great Britain. Court of King's Bench, James Burrow - 1812 - 446 σελίδες
...to laws made for protection of persons under those circumstances, ii. 1012. J4th. The gist of this action is that the defendant upon the circumstances...of natural justice and equity, to refund the money, ibid. Penal — Л mendmeiit of the declaration — The rule laid down, ii.1098. 1099. See Amendment,...

Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Τόμος 5

Great Britain. Court of King's Bench, James Burrow - 1812 - 450 σελίδες
...to laws made for protection of persons under those circumstances, ii. 1012. 14th. The gist of this action is that the defendant upon the circumstances...of natural justice and equity, to refund the money, ibid. Penal — Amendment of the declaration — The rule laid down, ii.1098. 1099. See Amendment,...

Reports of Cases Argued and Determined in the Supreme Court And ..., Τόμος 16

New Jersey. Supreme Court - 1839 - 658 σελίδες
...kept" — "for money, which ear equo et bono, the defendant ought to refund" — or " for money which the defendant, upon the circumstances of the case,...the ties of natural justice and equity, to refund," or " for money got through imposition," or " extortion," or " oppression," or " by mistake," or " by...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 8

Vermont. Supreme Court - 1837 - 534 σελίδες
...has received money which ex " cquo tt bono he ought to refund." Lord Mansfield says, (2 Bur. 1005,) " The gist of this kind of "action is>, that the defendant,...case, " is obliged by the ties of natural justice and equality to refund the " money." Second. — It is contended that this action can be sustained on the...

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

Samuel Warren - 1845 - 1174 σελίδες
...to pay the lender what is bona fide due to him. See post, p. 324. those circumstances. In one word, the gist of this kind of action is, that the defendant,...of natural justice and equity, to refund the money. — One great benefit which arises to suitors from the nature of the action is, that the plaintiff...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 44

United States. Supreme Court - 1845 - 852 σελίδες
...each of the parties must stand affected. Cary 0. Curtis. of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund. And by Buller, Justice, in Stratton ». Rastall, 2 TR 370, " that this action has been of late years...

A Selection of Leading Cases Upon Commercial Law Decided by the ..., Τόμος 725

1847 - 554 σελίδες
...whenever the defendant has received money which is the property of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund. And by Buller, Justice, in Stratum c. Rustall, '2 TR 370, " that tin's action has been of lute years...

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

Georgia. Supreme Court - 1847 - 710 σελίδες
...Whenever the defendant has received money which is the property of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund, it may be recovered from him in an action for money had and received to the plaintiff's use. This form...

The Law Magazine and Law Review: Or, Quarterly Journal of ..., Τόμος 21

1866 - 386 σελίδες
...announced by Lord Mansfield, in Moses v. McFarlane, 2 Burr. 1,005, in this language : — " In one word, the gist of this kind of action is that the defendant,...of natural justice and equity to refund the money." This, as a general rule, could be introduced into a Code with perfect safety, while it would be certain...




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