| William David Evans - 1802 - 364 էջ
...the fubjsfr..— • " This kind of equitable aftion to r.ecover money, which ought not in juftice to be kept, is very beneficial, and therefore much encouraged. It lies only for money, which ex ceguo et botto, the defendant ought to refund, it does not lie for mor.ey paid by the plaintiff, which... | |
| Joseph Chitty - 1834 - 850 էջ
...Office, Sfc., unjustly received by an Intruder. 15. Against Sheriffs, $c. 1. hi general. — "This kind of equitable action to recover back money, which...therefore much encouraged. 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... | |
| John William Smith - 1840 - 530 էջ
...case in which it appears, without extracting it. "This kind of equitable action/' said his lordship, " to recover back money which ought not in justice to...much encouraged. It lies only for money which, ex tequo et hono, the defendant ought to refund. It does not lie for money paid by the plaintiff which... | |
| John William Smith - 1842 - 612 էջ
...in which it appears, without extracting it. " This kind of equitable action," said his lordship, " to recover back money which ought not in justice to...which, ex cequo 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... | |
| Samuel Warren - 1845 - 1174 էջ
...Moses v. Macfarlane, 2 Burr. 1012,* enumerated some of the cases to which it was applicable. " This kind of equitable action to recover back money which...therefore much encouraged. It lies only for money which ex teqvo et bono, the defendant ought to refund.^ It does not be for money paid by the plaintiff, which... | |
| Joseph Rockwell Swan - 1845 - 680 էջ
...holder of the note or bill may recover under this count. 89 Money had and received. It lies, in general, to recover back money which ought not, in justice, to be kept; but it lies only for money which ex sequo et bono the defendant ought to refund. 90 It is the proper... | |
| Georgia. Supreme Court - 1847 - 710 էջ
...Burreños llep. 1012; Stralon vs. lias/all, 2d Term Jlep. 370. In Moses rs. McFarlaue, it is said, " This kind of equitable action to recover back money which ought not in justice to be kept, is rery beneficial, and therefore much encouraged. It lies for money got through imposition, express or... | |
| 1849 - 472 էջ
...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...which, ex cequo et bono, the defendant ought to refund. ' The ground,' observed Tindal, CJ, in a recent case, ' upon which an action of this description is... | |
| John William Smith - 1855 - 798 էջ
...in which it appears, without extracting it. " This kind of equitable action," said his lordship, " to recover back money which ought not in justice to...which, ex cequo 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... | |
| United States. Congress. Senate - 1856 - 594 էջ
...action of inilebitafuft assumpsit for money had and received. "This kind of equitable action," he said, "to recover back money which ought not, in justice,...much encouraged. It lies only for money which, ex (equo ct bono, the defendant ought to refund ; it does not lie for money paid by the plaintiff, which... | |
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