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" In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money. "
A Selection of Cases on the Law of Quasi-contracts - Seite 156
von William Albert Keener - 1888
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Band 5

Great Britain. Court of King's Bench, James Burrow - 1812 - 446 Seiten
...situation, contrary to laws made for protection of persons under those circumstances, ii. 1012. J4th. The gist of this action is that the defendant upon...of natural justice and equity, to refund the money, ibid. Penal — Л mendmeiit of the declaration — The rule laid down, ii.1098. 1099. See Amendment,...
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Band 5

Great Britain. Court of King's Bench, James Burrow - 1812 - 450 Seiten
...situation, contrary to laws made for protection of persons under those circumstances, ii. 1012. 14th. The gist of this action is that the defendant upon...of natural justice and equity, to refund the money, ibid. Penal — Amendment of the declaration — The rule laid down, ii.1098. 1099. See Amendment,...
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Reports of Cases Argued and Determined in the Supreme Court And, at ..., Band 16

New Jersey. Supreme Court - 1839 - 658 Seiten
...kept" — "for money, which ear equo et bono, the defendant ought to refund" — or " for money which the defendant, upon the circumstances of the case,...the ties of natural justice and equity, to refund," or " for money got through imposition," or " extortion," or " oppression," or " by mistake," or " by...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 Seiten
...refunding the money, he may pay the costs and expences the plaintiff was put to. The gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity to refund the money. Therefore, we are all of us of opinion, that the plaintiff might elect to wave any demand upon the...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 8

Vermont. Supreme Court - 1837 - 534 Seiten
..." cquo tt bono he ought to refund." Lord Mansfield says, (2 Bur. 1005,) " The gist of this kind of "action is>, that the defendant, upon the circumstances...case, " is obliged by the ties of natural justice and equality to refund the " money." Second. — It is contended that this action can be sustained on the...
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - 1845 - 1174 Seiten
...bona fide due to him. See post, p. 324. those circumstances. In one word, the gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity, to refund the money. — One great benefit which arises to suitors from the nature of the action is, that the plaintiff...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Band 44

United States. Supreme Court - 1845 - 852 Seiten
...each of the parties must stand affected. Cary 0. Curtis. of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund. And by Buller, Justice, in Stratton ». Rastall, 2 TR 370, " that this action has been of late years...
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A Selection of Leading Cases Upon Commercial Law Decided by the ..., Band 725

1847 - 554 Seiten
...whenever the defendant has received money which is the property of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund. And by Buller, Justice, in Stratum c. Rustall, '2 TR 370, " that tin's action has been of lute years...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Band 1

Georgia. Supreme Court - 1847 - 710 Seiten
...Whenever the defendant has received money which is the property of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund, it may be recovered from him in an action for money had and received to the plaintiff's use. This form...
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The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Band 21

1866 - 386 Seiten
...in Moses v. McFarlane, 2 Burr. 1,005, in this language : — " In one word, the gist of this kind of action is that the defendant, upon the circumstances...of natural justice and equity to refund the money." This, as a general rule, could be introduced into a Code with perfect safety, while it would be certain...
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