...understanding that plaintiff would not suffer loss by virtue of certain circumstances beyond his control : This kind of equitable action, to recover back money,...which, ex aequo et bono, the defendant ought to refund: it does not lie for money paid by the plaintiff, which is claimed of him as payable in point of honor...

...it. This kind of equitable action to recover back money which ought not in justice to have been paid is very beneficial and therefore much encouraged....which ex aequo et bono the defendant ought to refund. It does not lie for money paid by plaintiff which is claimed of him as payable on a point of honor...

...generally that the money was received to his use, and make out his case at the trial. This kind of action to recover back money which ought not in justice...beneficial, and, therefore, much encouraged. It lies for money paid by mistake, or upon a consideration which happens to fail, or extortion, or oppression,...

...authorities than to cite from the judgment of Lord Mansfield in Moses v Macferlan, when he said (at p 1012): This kind of equitable action, to recover back money,...which, ex aequo et bono, the defendant ought to refund: it does not lie for money paid by the plaintiff, which is claimed of him as payable in point of honour...

...englische Recht kennt vergleichbare Fälle. Schon in Moses v Macferlan (1760) sagte Lord Mansfield: "This kind of equitable action, to recover back money,...which, ex aequo et bono, the defendant ought to refund: it does not lie for money paid by the plaintiff, which is claimed of him as payable in point of honor...

...in Lord Mansfield's mind47 when he, in Moses v. Macferlan, said about the action to recover money: 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 is claimed from him as payable in point of honour...

...rehearsed regularly by Mansfield. The action was "founded on principles of eternal justice"; it lay "only for money which ex aequo et bono the defendant ought to refund"; it was available "to recover what in conscience ought not to be kept from you"; and the adjudication...

...Macferlan68 (1760), and expressly adopted by Blackstone, writing shortly afterwards.89 Lord Mansfield said: This kind of equitable action, to recover back money,...encouraged. It lies only for money which, ex aequo et bono [in good conscience] , the defendant ought to refund . . . [I]t lies for money paid by mistake; or...

...which underlay an action for money had and received to the use of the claimant in the following terms: "This kind of equitable action to recover back money...beneficial, and therefore much encouraged. It lies for money which, ex aequo et bono, the defendant ought to refund .... It lies for money paid by mistake;...

...law [wjhich are such as reason and justice dictate" and that the action for money had and received "lies only for money which ex aequo et bono the defendant ought to refund" such as "money paid by mistake, or on a consideration which happens to fail, or through imposition,...