 | William David Evans - 1802 - 364 Seiten
...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 Seiten
...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 Seiten
...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 Seiten
...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 Seiten
...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 Seiten
...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 Seiten
...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 Seiten
...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,... | |
 | Herbert Broom - 1852 - 616 Seiten
...incuriousness or negligence will not labour to support, the act of the party by the art or act of the law."2 The action for money had and received may be mentioned...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... | |
 | Herbert Broom - 1854 - 622 Seiten
...incuriousness or negligence will not labor to support, the act of the party by the art or act of the law."2 The action for money had and received may be mentioned...much encouraged. It lies only for money which, ex aequo ct bono, the defendant ought to refund.3 " The ground," observed Tindal, CJ, in a recent case,4... | |
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This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged. 
