...nay, :;'/'. I?. 659; yet it is the constant practice to join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the use of the executor as such. Ib. A count on an insimul comptassent with the plaintiff...

...months since the delivery), a sale ought to be presumed, and the value of the turkies considered as money had and received by the defendant to the use of the plaintiff, unless the defendant could shew that he had not sold, which it would be much easier for him to do than...

...in a certain sum, for money lent and advanced, and paid, laid out and expended by the plaintiff for the defendant, and for money had and received by the defendant to the use of the plaintiff," is sufficient without alleging that such sums were lent, or paid, or received by the defendant at his...

...consequence of this, the present action was brought, the declaration containing only two counts, the first, for money had and received by the Defendant to the use of the Plaintiffs; the second, on an account stated (6), and the Defendant pleaded the general issue. At the...

...shares, before notice of the claims of the plaintiffs. JL HIS was an action of indeiitatua aaaumfisit, for money had and received by the defendant, to the use of the plaintiffs. The case, with the material parts of the evidence, are stated in the charge. " WASHINGTON,...

...account. Dissentiente — Mr. Justice Bayley, who thought the action was maintainable. This was an action for money had and received by the defendant to the use of the plaintiffs as assignees, with a count for an account stated. Plea — The general issue. On the trial...

...was. I am satisfied that the one stated in the declaration is not the true one, to wit, for so much money had and received by the defendant to the use of the plaintiff, or so much money lent by the plaintiff to the defendant, and that the Judge ought to have so instructed...

...claim a right of lien, for the freight of the goods found on board. THIS was an action of asaumpsit for money had and received by the defendant to the use of the plaintiff. The declaration contained all the usual money counts, together with a count upon an insimul computasset....

...Neither is he entitled to recover interest on the count for money had and received. The interest was not money had and received by the defendant to the use of the plaintiff, Depcke v. Munn (a). Before the purchase was completed, the defendant was bound to hold the principal,...

...1, c. 10. HAI.I. and Another, Assignees of PHYNN, a Bankrupt, v. GUIINEY (a). JL HIS was an action for money had and received by the defendant to the use of the plaintiffs, as assignees, tried after last term, before Lord MANSFIELD, at Guild/tall, when a verdict...