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Books Books 1 - 10 of 153 on In one word, the gist of .this kind of action is, that the defendant, upon the circumstances....
" 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. "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Page 153
1847
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Volume 3

Great Britain. Court of King's Bench, Sir James Burrow, William Murray Earl of Mansfield - Law reports, digests, etc - 1812
...circumstances, ii. 1012. J4th. The gist of this 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, ibid. Penal — Л mendmeiit of the declaration — The rule laid down, ii.1098. 1099. See...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 16

New Jersey. Supreme Court - Law reports, digests, etc - 1839
...defendant ought to refund" — or " for money which the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity, to refund," or " for money got through imposition," or " extortion," or " oppression," or " by mistake," or " by...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - Contracts - 1824 - 654 pages
...put to. 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. Therefore, we are all of us of opinion, that the plaintiff might elect to wave any demand...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 3

Law reports, digests, etc - 1845
...the principles on which the action for money had and received may be maintained. They are these: 1st. Whenever the defendant has received money which is...the ties of natural justice and equity, to refund. 2dly. In the case of an agent, where such agent is not notoriously the mere carrier or instrument for...
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - Law - 1845 - 944 pages
...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. — One great benefit which arises to suitors from the nature of the action is, that the...
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A Selection of Leading Cases Upon Commercial Law Decided by the Supreme ...

Commercial law - 1847 - 500 pages
...had and received, it is said by Lord Mansfield, Burr. 1012, Moses v. Macfarlen, will lie in general whenever the defendant has received money which is...the ties of natural justice and equity to refund. And by Buller, Justice, in Stratum c. Rustall, '2 TR 370, " that tin's action has been of lute years...
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Reports from the Court of Claims Submitted to the House of ..., Volume 2

United States. Court of Claims - Law reports, digests, etc - 1856
...principles on which the action for money had and received may be maintained. They are these : 1st. Whenever the defendant has received money which is...the ties of natural justice and equity, to refund. 2d. In the case of an agent, when such agent is not notoriously the mere carrier or instrument for...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 21

Law - 1866
...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." This, as a general rule, could be introduced into a Code with perfect safety, while it...
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Reports of Committees: 30th Congress, 1st Session - 48th Congress, 2nd Session

United States. Congress. Senate - United States - 1856
...of the United States to repay him the money. This money was his property, not theirs; and they were obliged, by the ties of natural justice and equity, to refund it ; and, being so obliged, the law, according to principles universally acknowledged, (Cary vs. Curtis,...
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The Quarterly Law Journal, Volume 2

Law - 1857
...word, the gist of this kind of action is, that the defendant, under the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money." Here Lord Mansfield broadly lays down the doctrine, that the action lies for money paid...
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