 | William David Evans - Commercial law - 1802 - 364 pages
...the fubjsfr..— • " This kind of equitable aftion to r.ecover money, which ought not in juftice to be kept, is very beneficial, and therefore much encouraged. It lies only for money, which ex ceguo et botto, the defendant ought to refund, it does not lie for mor.ey paid by the plaintiff, which... | |
 | Joseph Chitty - Contracts - 1834 - 850 pages
...Fees of Office, Sfc., unjustly received by an Intruder. 15. Against Sheriffs, $c. 1. hi general. — "This kind of equitable action to recover back money,...therefore much encouraged. It lies only for money which ex aequo et bono the defendant ought to refund : it does not lie for money paid by the plaintiff, which... | |
 | Law reports, digests, etc - 1838 - 700 pages
...received. Smith ci al. v. Hiela, 1 Wend. 202. 117. An action for money had and received lies in general, for money which, ex equo et bono, the defendant ought to refund, as for money paid by mistake; out the mistake which entitles a party to sustain this action must be... | |
 | John William Smith - 1840 - 530 pages
...case in which it appears, without extracting it. "This kind of equitable action/' said his lordship, " to recover back money which ought not in justice to...much encouraged. It lies only for money which, ex tequo et hono, the defendant ought to refund. It does not lie for money paid by the plaintiff which... | |
 | John William Smith - Law reports, digests, etc - 1842 - 612 pages
...in which it appears, without extracting it. " This kind of equitable action," said his lordship, " to recover back money which ought not in justice to...much encouraged. It lies only for money which, ex cequo et bono, the defendant ought to refund. It does not lie for money paid by the plaintiff which... | |
 | Samuel Warren - Law - 1845 - 1174 pages
...thus, in Moses v. Macfarlane, 2 Burr. 1012,* enumerated some of the cases to which it was applicable. " This kind of equitable action to recover back money...therefore much encouraged. It lies only for money which ex teqvo et bono, the defendant ought to refund.^ It does not be for money paid by the plaintiff, which... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...is in conscience entitled to the money sought to be recovered ; and it has been observed that tins kind of equitable action to recover back money which...therefore much encouraged. It lies only for money which ex cequo et bono the defendant ought to refund (^). (d) Bac. Aphorisms, 46; 2 Dwarr. (e) Per Duller, J.,... | |
 | Joseph Rockwell Swan - Civil procedure - 1845 - 680 pages
...holder of the note or bill may recover under this count. 89 Money had and received. It lies, in general, to recover back money which ought not, in justice, to be kept; but it lies only for money which ex sequo et bono the defendant ought to refund. 90 It is the proper... | |
 | Georgia. Supreme Court - Equity - 1847 - 710 pages
...recover, and the defendant ought not to retain it." — Jlrchb. Л". P. In the language of Lord MansGeld : "This kind of equitable action, to recover back money, which ought not injustice to be kept, is very beneficial, and therefore much encouraged," &c. — 2 Burr. 1012. Again,... | |
 | International law - 1849 - 472 pages
...plaintiff is in conscience entitled to the money sought to be recovered ; and it has been observed that this kind of equitable action to recover back money...much encouraged. It lies only for money, which, ex cequo et bono, the defendant ought to refund. ' The ground,' observed Tindal, CJ, in a recent case,... | |
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This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged. 
