 Now in order to maintain money had and received, it is in general incumbent upon the plaintiff to show that the defendant has money of the plaintiff which in equity and good conscience he ought not to detain from him.  The Northeastern Reporter - Page 261892Full view - About this book
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1817 - 634 pages
...order to maintain money had and received, it is in general incumbent upon the plaintiff to shew that the defendant has money of the plaintiff which in equity and good conscience he ought not to detain from him. But here the question raised is not whether the defendant has money which lie... | |
 | GEORGE MAULE AND WILLIAM SELWYN - 1817 - 640 pages
...order to maintain money had and received, it is iu general incumbent upon the plaintiff to shew that the defendant has money of the plaintiff which in equity and good conscience he ought not to detain from him. But here the question raised is not whether the defendant has money which he... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...money had and received, it i* in general incumbent upon the plaintiff to shew, that the defendant ha& money of the plaintiff, which in equity and good conscience he ought not to detain from him. But here the question raised is not whether the defendant has money which he... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1848 - 786 pages
...evidence. ShewGordon and wife vs. Camp. — Opinion of Court. ing that the defendant has possession of the money of the plaintiff which, in equity and good conscience, he ought to pay over. "It is a liberal action, in which the plaintiff waives all torts, trespass and damages, and... | |
 | Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...proved by any legal evidence, showing that the defendant has received or obtained possession of the money of the plaintiff, which, in equity and good conscience, he ought to pay over to the plaintiff. The subject of the action must either originally have been money ; or, that... | |
 | John Bouvier - Law - 1854 - 788 pages
...and received the plaintiff must prove that the defendant has received or obtained possession of the money of the plaintiff, which, in equity and good conscience, he ought to pay over to the latter. The action lies only where money, or something which the parties have treated... | |
 | Joseph Chitty, Henry Greening - Forms (Law) - 1876 - 1174 pages
...whenever the evidence shows that the defendant has received or obtained possession of money belonging to the plaintiff, which, in equity and good conscience, he ought to refund to him. It lies only for money which, ex eequo et bono, the defendant ought to rela) Nightingale v.... | |
 | Orlando Bump - Bankruptcy - 1877 - 1050 pages
...does not always depend on privity of contract, or upon contract at all. It is enough to prove that the defendant has money of the plaintiff which in equity and good conscience, he ought not to retain. Where the defendant is bound by a valid contract to pav the money to some one else,... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1879 - 696 pages
...v. Clemmons, 79 NC, 556. It lies when " the defendant has recovered or. obtained possession of the money of the plaintiff which in equity and good conscience he ought to pay over to the plaintiff." It is, however, suggested in the argument for the plaintiff, that as the... | |
 | Law reports, digests, etc - 1882 - 1916 pages
...general bo proved by any legal evidence showing the defendant naa received or obtained possession of the money of the plaintiff, which, in equity and good conscience, he ought to pay over to the plaintiff. * * • But if the defendant has any legal or equitable lien on the money,... | |
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