 | Great Britain. Court of King's Bench, James Burrow - 1812 - 450 sider
...to laws made for protection of persons under those circumstances, ii. 1012. 14th. The gist of this action is that the defendant upon the circumstances...of natural justice and equity, to refund the money, ibid. Penal — Amendment of the declaration — The rule laid down, ii.1098. 1099. See Amendment,... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 446 sider
...to laws made for protection of persons under those circumstances, ii. 1012. J4th. The gist of this action is that the defendant upon the circumstances...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,... | |
 | Samuel Comyn - 1824 - 680 sider
...itself, that besides 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,...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... | |
 | Samuel Warren - 1845 - 1174 sider
...Equity, it will fiit»t require him to pay the lender what is bona fide due to him. See post, p. 324. those circumstances. In one word, the gist of this...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... | |
 | United States. Supreme Court - 1845 - 852 sider
...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... | |
 | 1847 - 554 sider
...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... | |
 | Georgia. Supreme Court - 1847 - 710 sider
...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... | |
 | 1866 - 386 sider
...retain, as announced by Lord Mansfield, in Moses v. McFarlane, 2 Burr. 1,005, in this language : — " In one word, the gist of this kind of action is that...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... | |
 | 1857 - 412 sider
...under those circumstances. In one word, the gist of this kind of action is, that the defendant, under the circumstances of the case, is obliged by the ties...without making any distinction between a mistake of 1857.] UNITED STATES COURT OF CLAIMS. 41 law and a mistake of fact—" a suggestion," it has been said... | |
 | Florida. Supreme Court - 1859 - 560 sider
...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. 2nd. In the case of an agent, where such agent is not notoriously the mere carrier or instrument for... | |
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But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition (express or implied), or extortion, or oppression, or an undue advantage taken of the plaintiff's situation, contrary to laws made... 
