| William David Evans - 1802 - 364 páginas
...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 páginas
...Fees of Office, Sfc., unjustly received by an Intruder. 15. Against Sheriffs, $c. 1. hi general. — "This kind of equitable action to recover back money,...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 páginas
...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 páginas
...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... | |
| Herbert Broom - 1845 - 544 páginas
...is in conscience entitled to the money sought to be recovered ; and it has been observed that tins kind of equitable action to recover back money which...which ex cequo et bono the defendant ought to refund (^). (d) Bac. Aphorisms, 46; 2 Dwarr. (e) Per Duller, J., 4 TU 344. Stats. 782. See per Wilmot, CJ.... | |
| Samuel Warren - 1845 - 1174 páginas
...thus, in 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...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 páginas
...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 páginas
...recover, and the defendant ought not to retain it." — Jlrchb. Л". P. In the language of Lord MansGeld : "This kind of equitable action, to recover back money, which ought not injustice to be kept, is very beneficial, and therefore much encouraged," &c. — 2 Burr. 1012. Again,... | |
| 1849 - 472 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, 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... | |
| Herbert Broom - 1852 - 616 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...money which, ex cequo et bono, the defendant ought to refund.3 " The ground," observed Tindal, CJ, in a recent case,4 " upon which an action of this description... | |
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