| 1919 - 740 페이지
...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. And by Buller, Justice, in Strattin v. Rastall. 2 TR 370, 'that this action has been^>f late years... | |
| Henry Roscoe, James Sands Henderson - 1922 - 812 페이지
...always been regarded as an equitable action, and was formerly held to lie whenever the defendant wae " obliged by the ties of natural justice and equity to refund the money." Moses V. Macferlan, •¿ Burr. 1012, per T,d. Mansfield; soe Rogers v.'lngham, 46 LJ Ch. 322; 3 Ch.... | |
| 1923 - 1654 페이지
...Moses v. Macferlan, 2 Burr. 1012, 97 Eng. Reprint, 680, Lord Mansfield says: 'The gist of this kind of action is that the defendant, upon the circumstances...natural justice and equity, to refund the money.' . If one man takes another's money to do a thing, and refuses to do it, it is a fraud; and it is at... | |
| 1923 - 1752 페이지
...Moses v. Macferlan, 2 Burr. 1012, 97 Eng. Reprint, 680, Lord Mansfield says: 'The gist of this kind of action is that the defendant, upon the circumstances...natural justice and equity, to refund the money.' . . . If one man takes another's money to do a thing, and refuses to do it, it is a fraud; and it is... | |
| 1923 - 1230 페이지
...of this kind of action [an action* upon the case for money bad and received to the plaintiff's use] Is that the defendant, upon the circumstances of the...of natural justice and equity to refund the money." Lord Mansfleld, speaking for the court, In Moses v. Maefarlan, 2 Burr, 1005, 1012. "An action for money... | |
| Virginia. Supreme Court of Appeals - 1924 - 1032 페이지
...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...the case, is obliged by the ties of natural justice to refund the money." In Bayne v. United States, 93 US 642, 23 L. Ed. 997, we find this: "Assumpsit... | |
| 1912 - 1050 페이지
...kept'- — for money, 'which ex eequo et bono the defendant ought to refund' — or 'for money which the defendant, upon the circumstances of the case,...the ties of natural Justice and equity to refund,' or 'for money got through imposition,' or 'extortion,' or 'oppression,' or 'by mistake,' or 'by an... | |
| Sir William Searle Holdsworth - 1925 - 546 페이지
...gist of this kind of action iSjJthat_,the_ defendantjju^pa the circumstances of the case, ls~obliged by the ties of natural justice and equity to refund the money." It was thus In the action of indebitatus assumpsit that the larger part of our modern law of quasi-contract... | |
| Virginia. Supreme Court of Appeals - 1917 - 824 페이지
...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." In the same case, Mr. Justice Story, in his able and elaborate opinion on this subject says: "It is... | |
| 1927 - 1126 페이지
...shows the plaintiff ought not, in good conscience, to recover. 'In one word, the gist of this kind of action is that the defendant, upon the circumstances...natural justice and equity, to refund the money.' " "The action of money had and received," says the court in Heywood v. Northern Assurance Co., 133... | |
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