 | Joseph Rockwell Swan - 1845 - 680 sider
...uncontradicted possession. 1 Hence, in some cases it is advisable to adopt the action of trespass. One whose goods have been taken from him or detained...the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action of money had and received for the proceeds. 2 And,... | |
 | Joseph Chitty - 1855 - 1120 sider
...contracta will not lie. The whole extent of the doctrine, as gathered from the books, seems to be, that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds." 6... | |
 | Illinois. Supreme Court - 1841 - 704 sider
...Teal v. Russell et al. waive the tort, and recover in this form of action. The law is well settled, that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received. This has not been done... | |
 | Nevada. Supreme Court - 1867 - 440 sider
...ex contractu will not lie. The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained...the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds. No... | |
 | Nevada. Supreme Court - 1867 - 426 sider
...ex contractu will not lie. The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained...of trespass or trover, may, if the wrongdoer sell (he goods and receive the money, waive the tort, affirm the sale, and have an action for money had... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 662 sider
...pleas, which is cited in a note to the opinion, it was held by this court in Jones v. Hoar, 5 Pick. 285, that one whose goods have been taken from him or detained unlawfully, cannot waive the tort and maintain assumpsit for goods sold, except against the executor of the wrongdoer... | |
 | Joseph Chitty, Henry Greening - 1876 - 1174 sider
...; 7 Ad. "& El. 426, SC [The whole extent of this doctrine, as gathered from the hooks, seems to be, that one whose goods have been taken from him or detained unlawfully, whereby he has a right to ar action of trespass or trover, may, if the wrongdoer sell the goods and receive the money, waive... | |
 | Nevada. Supreme Court - 1877 - 1026 sider
...extent of the doctrine, as gathered from the hooks, Opinion of the Court — Lewis, 0. J. seems to be that one whose goods have been taken from him or detained unlawfully, whereby he has .1 right to im action of trespass or trover, may, if the -wrongdoer sell ike goods <md receive the... | |
 | Isaac Grant Thompson - 1878 - 860 sider
...authorities, and PAEKEB, CJ, said : " The whole extent of the doctrine as gathered from the books seems to be, that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale and have an action for money had and received for the proceeds." In... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1879 - 712 sider
...Jones v. Hoar, 5 Pick. 285. " The whole extent of the doctrine as gathered from the books, seems to be that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale and have an action for money had and received for the proceeds. No... | |
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The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained unlawfully, whereby he has a right to an action of trespass or trover, may, if the wrongdoer sell the goods and receive... 
