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" The rule has always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received. "
A Treatise of the Law Relative to Contracts and Agreements Not Under Seal ... - Side 41
av Samuel Comyn - 1807
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Essays on the Action for Money Had and Received, on the Law of Insurances ...

William David Evans - 1802 - 364 sider
...not to snake a diviw <lend. Lord Mansfield faid, " that the general ruk •had always been, that i! a man has actually paid what the law would not have compelled him to tpay, but what in equity and confcience he ought, he cannot recover it back again in an aftion for...
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A Treatise on the Law of Obligations, Or Contracts, Volum 2

Robert Joseph Pothier - 1806 - 728 sider
...fet-off at the time of making the payment, and Lord Mansfield faid, that the rule had always been, that if a man has actually paid what the law would...equity and confcience he ought, he cannot recover it in an anión for money had and received ; fo when a man has paid a debt which would- otherwife have...
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 sider
...contract. Tenant v. Elliot. 1 B. &. P. 3. Farmer v. -Rüssel Sf al. 1 B. & P. 2.96 4. Where a man ha< actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought to pay, he cannot recover it back again in an action for money had and received....
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A Digested Index to the Modern Reports, of the Courts of Common Law ..., Volum 1

Nicholas Baylies - 1814 - 576 sider
...(See tit. AGREEMENTS П. anteTl. and Cotton v. ThurUmd. 5 Term Rep. 403, &c. tit. WAGER.) 19. Where a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience lie ought to pay, he cannot recover it back again in an action for money had and received....
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Term Reports in the Court of King's Bench, Del 185,Volum 1

Great Britain. Court of King's Bench, Charles Durnford - 1817 - 872 sider
...principle of the case of Grove and Dubois (a). And Lord MANSFIELD, Ch. J. said, The rule had always been, that if a man has actually paid what the law would...have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and (:) Ante, ill....
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Term Reports in the Court of King's Bench, Volum 1

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 870 sider
...of the case of Grove and Dubois (a). And Lord MANSFIELD, Ch. J. said, The rule had always been, thtt if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and (a) Ante, in. received....
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Reports of Cases Argued and Determined in the General Court and ..., Volum 6

Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - 1825 - 614 sider
...Mansfield, in delivering the opinion of the court, is reported to have said, "the rule had always been, that if a man has actually paid, what the law would...have compelled him to pay, but what in equity and Conscience he ought, he cannot recover it back again in an action for money had and received. But where...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

Great Britain. Court of Common Pleas - 1833 - 916 sider
...to rip up the matter, and recover back the money." In Bize v. Dickeson (c), it was held, that, where a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received ; and...
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The Legal Observer, Or, Journal of Jurisprudence, Volum 21

1841 - 522 sider
...and hie Honor said he approved of the observations of Lord Mnnifield'm Bize v. Dickition, l TR 286, "that if a man has actually paid what the law would...have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received. t>o where...
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Reports of Cases in Bankruptcy: Argued and Determined in the Court ..., Volum 1

Basil Montagu, Edward Erastus Deacon, Sir John Peter De Gex, Great Britain. Court of Review - 1842 - 774 sider
...son(b), appears to me to apply peculiarly to this case : WILsoN. "the rule has always been," he says, "that if a man has actually paid what the law would not have compelled him to pay, but what in conscience and equity be ought, he cannot recover it back in an action for money had and received....
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