 | Thomas Atkins Street - 1906 - 594 sider
...made for the protection of persons under 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." 5 In this case it was insisted for the defendant that indebitatus assumpsit can only be maintained... | |
 | Frederick Pollock - 1906 - 494 sider
...defendants ought to refund. ... In one word, the gist of this kind of action is, that the defendant ... is obliged by the ties of natural justice and equity to refund the money." So Baron Martin, in Freeman v. Jeffries (1869) LR, 4 Ex. 189, 199. explains actions quasi ex contract... | |
 | 1903 - 732 sider
...did. Weaker men would have pretended some precedent. Mansfield avowed that "the gist of this kind of action is that the defendant upon the circumstances of the case is obliged by ties of natural justice and equity to refund the money." Moses v. Macferlan (1760), 2 Burr. 1005. And... | |
 | James De Witt Andrews - 1910 - 392 sider
...use of the action of assumpsit by Mansfield may be made clearer by a simple statement. "In one word the gist of this action is that the defendant upon...of natural justice and equity to refund the money" (30). Here then is justice and equity introduced where technicality had been the rule. Mr. Justice... | |
 | 1910 - 1336 sider
...made for the protection of persons under 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. * * * " Even at common law the remedy was considerably extended, and Its further extension commended.... | |
 | 1910 - 628 sider
...In one word, the gist of this kind of action is that the defendant, upon a circumstance of the kind, is obliged by the ties of natural justice and equity to refund the money." Counsel for defendant company, cites sec. 31 cap. 8, Acts li)<i8, in support of plea by defendants... | |
 | William Blake Odgers, Walter Blake Odgers - 1911 - 962 sider
...made for the protection of persons under 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." This passage from the judgment of Lord Mansfield was cited with approval in Bradford Corporation v.... | |
 | United States. Supreme Court - 1911 - 1132 sider
...such circumstances. And he added, in one word, the gist of the action is that the defendant, under the circumstances of the case, is obliged, by the...of natural justice and equity, to refund the money. In Bize v. Dickaeon, 1 Term Eep. 285, he also said: The rule has always been that if a man has actually... | |
 | Ernst Freund - 1911 - 718 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. Secondly. In the case of an agent, where such agent is not notoriously the mere carrier or instrument... | |
 | Roland Moffatt Perowne Willoughby - 1912 - 148 sider
...consideration, imposition or extortion, or undue advantage. "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 3 ." But notwithstanding the attitude which the courts of common law, in spite of these equitable leanings... | |
| |
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'. 
