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" If the defendant be under an obligation, from the ties of natural justice, to refund, the law implies a debt and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract (quasi ex contractu, as the Roman law expresses... "
Cases Decided in the Supreme Court of Ohio - Página 370
de Ohio. Supreme Court - 1872
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 1

Virginia. Supreme Court of Appeals, Bushrod Washington - 1799 - 344 páginas
...to refund money, which he had improperly recovered in an adverfary fuit. I will quote his words: " If the defendant be under an obligation, from the ties of natural juftice, to refund, the law Jaw implies a. debt, and gives this action, founded in the equity of the...
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Volume 5

Great Britain. Court of King's Bench, James Burrow - 1812 - 446 páginas
...inducement, originally, for encouraging actions of assumpsit, was, to take away the wager of law, ibid. 4th. If the defendant be under an obligation from the ties...refund;" the law implies a debt and gives this action. fbid. 5th. This species of assumpsit lies in many instances, for money received from a third person...
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Volume 5

Great Britain. Court of King's Bench, James Burrow - 1812 - 450 páginas
...inducement, originally, for encouraging actions of assumpeit, was, to take away the wager of law, ibid. 4th. If the defendant be under an .obligation from the...refund;" the law implies a debt and gives this action. 5th. This species of assumpsit lies in many instances, for money received from a third person under...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 5

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1822 - 600 páginas
...had and received, would have lain. The action for money had and received, is an equitable action, and if the defendant be under an obligation from the ties...refund, the law implies a debt, and gives this action. Moses v. Macferlan, 2 Burr, 1005. 3 Johns. 183. They contended that such a claim would be received...
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Reports of Cases Argued and Determined on Six Circuits in Ireland: Taken ...

1843 - 972 páginas
...Bos. & Pul. 467. (6) 10 Bing. 352. Lord Mansfield, CJ, (a) lays down that, " if the deieu- , " dant be under an obligation from the ties of natural justice...refund, the law implies a debt, and gives this action, Sum*. " founded on the equity of the plaintiff's case, as it were " upon a contract." The case of Sweet...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 4

Florida. Supreme Court - 1887 - 558 páginas
...law will imply a contract from the equity of the claim. " If the defendant," says Lord Mansfield. " be under an obligation, from the ties of natural justice,...refund, the law implies a debt and gives this action, f ound"ed in the equity of the plaintiff's case, quasi ex contractu, "as the Roman law expresses it."...
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The Practice in Courts of Justice in England and the United States, Volume 2

Conway Robinson - 1855 - 884 páginas
...et bono the defendant ought to refund. Moses v. Macfarlane, 2 Burr. 1012. If, said Lord Mansfield, the defendant be under an obligation, from the ties...justice, to refund, the law implies a debt and gives the action for money had and received to Ihe plaintiff's use; an action founded in the equity of the...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 23

Georgia. Supreme Court - 1858 - 718 páginas
...upon the idea of privity in contract, either express or implied ; but on the contrary, held, that " if the defendant be under an obligation, from the...to refund, the law implies a debt ; and gives this remedy founded upon the equity of the plaintiff's case, as if it were upon contract. " In one word,"...
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Albany Law Journal, Volume 36

1888 - 564 páginas
...Walker v. Conant (Mich.), 31 NW Rep. 786. Lord Mansfield says in Moses v. Macferlan, 2 Burr. 1005, that "if the defendant be under an obligation from the ties of natural justice to refund, the law implies the debt, and gives this action, founded in the equity of the plaintiff's case, as if it were upon...
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The Institutes of Justinian Illustrated by English Law

James Williams - 1883 - 290 páginas
...language of Lord Mansfield, CJ, in Moses v. Macferlan, 2 Burr. 1008, is not to be regarded as accurate ; " If the defendant be under an obligation from the ties...natural justice to refund, the law implies a debt founded on the equity of the plaintiff's case, as it were upon a contract, quasi ex contracts, as the...
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