...therefore bad on a general demurrer, or in arrest of judgment, or on a writ of error5. But a count for money had and received by the defendant to the use of an executor*, or for money paid by the plaintiff as such, to the use of the defendant*1, may be joined...

...De Wolf. This action was brought to recover the amount of the sales of these negroes, as so 1 much money had and received by the defendant, to the use of the plaintiff's intestate; and he obtained a verdict: and a motion was made for a new trial. JOHNSON, J....

...that character, 'and may join such count with counts on promise* to the testator or intestate^). So money had and received by the defendant, to the use of the pL.intiff as executor (./)» und an .account stated with him .is executor, of monies due and 'owing...

...Bowman (a) the plaintiff's bookkeeper swore that the defendant was indebted to the plaintiff in 3400/. for money had and received by the defendant to the use of the plaintiff, as this deponent verily believes, and the Court held it not sufficient to hold the defendant...

...by the Defendant, but he was guilty of gross negligence. The great point was, to show that this was money had and received by the Defendant to the use of the Plaintiff, and it was dexterously argued, that it was doubtful, from the evidence, whether Alston ever...

...like a count in trover. It is argued, however, that it is so in effect; namely, by stating that it was money had and received by the defendant to the use of the plaintiff, to be paid to him on request, and that in the latter part it charges a conversion. Now there...

...been adopted in Short v. M'Carthy, but there no such attempt was made. Is it then to be considered as money had and received by the defendant to the use of the plaintiff? It does not appear to me, that this case falls within those where it has been decided, that...

...Cooke. 3 Term Rep. 659, 660. Petrie v. Hannay. 2 Saund. 210 a. note. It has been said, that a count for money had and received by the defendant to the use of the executor as such, may be joined to a count for money had and received to the use of the testator. 3...

...himself in his own right, yet it is the constant practice to join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the use of the executor as such ; and therefore the rule must be made absolute. DOE,...

...nay, :;'/'. I?. 659; yet it is the constant practice to join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the use of the executor as such. Ib. A count on an insimul comptassent with the plaintiff...