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" The rule had always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received. "
A Treatise on the Law of Obligations, Or Contracts - Σελίδα 383
των Robert Joseph Pothier - 1806
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
...not to snake a diviw <lend. Lord Mansfield faid, " that the general ruk •had always been, that i! a man has actually paid what the law would not have compelled him to tpay, but what in equity and confcience he ought, he cannot recover it back again in an aftion for...

Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 σελίδες
...contract. Tenant v. Elliot. 1 B. &. P. 3. Farmer v. -Rüssel Sf al. 1 B. & P. 2.96 4. Where a man ha< actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought to pay, he cannot recover it back again in an action for money had and received....

A Digested Index to the Modern Reports, of the Courts of Common Law ..., Τόμος 1

Nicholas Baylies - 1814 - 576 σελίδες
...(See tit. AGREEMENTS П. anteTl. and Cotton v. ThurUmd. 5 Term Rep. 403, &c. tit. WAGER.) 19. Where a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience lie ought to pay, he cannot recover it back again in an action for money had and received....

Term Reports in the Court of King's Bench, Μέρος 185,Τόμος 1

Great Britain. Court of King's Bench, Charles Durnford - 1817 - 872 σελίδες
...it came within the principle of the case of Grove and Dubois (a). And Lord MANSFIELD, Ch. J. said, The rule had always been, that if a man has actually...have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and (:) Ante, ill....

Term Reports in the Court of King's Bench, Τόμος 1

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 870 σελίδες
...of the case of Grove and Dubois (a). And Lord MANSFIELD, Ch. J. said, The rule had always been, thtt if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and (a) Ante, in. received....

Reports of Cases Argued and Determined in the General Court and ..., Τόμος 6

Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - 1825 - 614 σελίδες
...Dickason, 1 T.. R. 285, Lord Mansfield, in delivering the opinion of the court, is reported to have said, "the rule had always been, that if a man has actually...have compelled him to pay, but what in equity and Conscience he ought, he cannot recover it back again in an action for money had and received. But where...

Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

Great Britain. Court of Common Pleas - 1833 - 916 σελίδες
...to rip up the matter, and recover back the money." In Bize v. Dickeson (c), it was held, that, where a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received ; and...

The Legal Observer, Or, Journal of Jurisprudence, Τόμος 21

1841 - 522 σελίδες
...and hie Honor said he approved of the observations of Lord Mnnifield'm Bize v. Dickition, l TR 286, "that if a man has actually paid what the law would...have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received. t>o where...

Reports of Cases in Bankruptcy: Argued and Determined in the Court ..., Τόμος 1

Basil Montagu, Edward Erastus Deacon, Sir John Peter De Gex, Great Britain. Court of Review - 1842 - 774 σελίδες
...son(b), appears to me to apply peculiarly to this case : WILsoN. "the rule has always been," he says, "that if a man has actually paid what the law would not have compelled him to pay, but what in conscience and equity be ought, he cannot recover it back in an action for money had and received....

A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - 1845 - 544 σελίδες
...from recovering damages (o). voluntary Further, the rule has always been, that, if a man has payment. actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought to pay, he cannot recover it back again in an action for money had and received....




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