| Ohio. Supreme Court - 1885 - 1744 páginas
...plaintiffs " really had no choice." In 1760, in Noses v. Macfarlan, 2 Burr. 1005, Lord Mansfield said : " This kind of equitable action, to recover back money...encouraged. It lies only for money which, ex aequo et Itono, the defendant ought to refund ; . . . But it lies for . . . money got through ... an undue advantage... | |
| Herbert Broom - 1874 - 880 páginas
...plaintiff is in conscience 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 be kept is very beneficial, and, therefore, much encouraged. It lies only for money which ex cequo... | |
| Albert Venn Dicey, John Henry Truman - 1879 - 586 páginas
...made. One action cf this class is what is called " an action, for money had and received." This is " a kind of equitable action to recover back money which ought not in justice to be kept It lies only for money which, ex tequo et bono, the defendant ought to refund It lies for money paid... | |
| New South Wales. Supreme Court - 1882 - 550 páginas
...Defendant (Macpherlane) to recover, was got by fraud and falsehood for one purpose and abused to another. This kind of equitable action to recover back money,...therefore, much encouraged. It lies only for money which ex cequo et bono the Defendant ought to refund; it does not lie for money paid by the Plaintiff, which... | |
| 1906 - 1166 páginas
...generally that the money was received to his use, and mí¡k° out his case at the trial. This kind of action to recover back money which ought not. in Justice, to be kept is very beneficial, and tnerefore, much encouraged. It lies for money paid by mistake, or upon a consideration which happens... | |
| Isaac Grant Thompson - 1885 - 944 páginas
...plaintiffs "really had no choice." In 1760, in Moses v. McFarlan, 2 Burr. 1005, Lord MANSFIELD said: " This kind of equitable action, to recover back money...encouraged. It lies only for money which, ex aequo el bono, the defendant ought to refund. * * * But it lies for * * * money got through * * * an undue... | |
| 1885 - 544 páginas
...plaintiffs "really had no choice." In 1760, in ¡loses v. Macferlan, 2 Burr. 1005, Lord Mansfield said : " This kind of equitable action to recover back money,...to be kept, is very beneficial, and therefore much eucouraged. It lies only for money which, ex aequo et bono, the defendants ought to refund. * * * But... | |
| Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 732 páginas
...plaintiffs " really had no choice." In 1760, in Moses v. Macfarlan, 2 Burr. 1005, Lord Manstield said, " This kind of equitable action, to recover back money, which ought not, in justice, to be kept, is very benelicial, and therefore much encouraged. It lies only for jnoney which, ex ceqiio et lo-no, the defendant... | |
| West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1885 - 940 páginas
...authorities agree, an action of assumpsitfoi money had and received to the plaintiff's use. This is a kind of equitable action to recover back money, which ought not in justice to be kept; and it lies only for money, which et cequo ctbono the defendant ought to refund. Now if a tax-collector... | |
| Albert Venn Dicey - 1886 - 586 páginas
...made. One action cf this class is what is called " an action for money had and received." This is " a kind of equitable action to recover back money which ought not in justice to be kept It lies only for money which, ex aequo et bono, the defendant ought to refund It lies for money paid... | |
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