 | 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
...received by an Intruder. 15. Against Sheriffs, $c. 1. hi general. — "This kind of equitable action to recover back money, which ought not in justice...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... | |
 | 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... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...entitled to the money sought to be recovered ; and it has been observed that tins kind of equitable action to recover back money which ought not in justice to...which ex cequo et bono the defendant ought to refund (^). (d) Bac. Aphorisms, 46; 2 Dwarr. (e) Per Duller, J., 4 TU 344. Stats. 782. See per Wilmot, CJ.... | |
 | Samuel Warren - Law - 1845 - 1174 pages
...Burr. 1012,* enumerated some of the cases to which it was applicable. " This kind of equitable action to recover back money which ought not in justice to...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... | |
 | 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
...vs. lias/all, 2d Term Jlep. 370. In Moses rs. McFarlaue, it is said, " This kind of equitable action to recover back money which ought not in justice to be kept, is rery beneficial, and therefore much encouraged. It lies for money got through imposition, express or... | |
 | International law - 1849 - 472 pages
...entitled to the money sought to be recovered ; and it has been observed that this kind of equitable action to recover back money which ought not in justice to...which, ex cequo et bono, the defendant ought to refund. ' The ground,' observed Tindal, CJ, in a recent case, ' upon which an action of this description is... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...to the money sought to be recovered ; and it has been observed, that this kind of equitable action to recover back money which ought not in justice to...money which, ex cequo et bono, the defendant ought to refund.3 " The ground," observed Tindal, CJ, in a recent case,4 " upon which an action of this description... | |
 | Herbert Broom - Legal maxims - 1854 - 622 pages
...to the money sought to be recovered ; and it has been observed, that this kind of equitable action to recover back money which ought not in justice to...much encouraged. It lies only for money which, ex aequo ct bono, the defendant ought to refund.3 " The ground," observed Tindal, CJ, in a recent case,4... | |
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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. 
