 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 is claimed of him as payable in point of honor and honesty, although it could not have been recovered from him by any...  The Law of Torts Or Private Wrongs - Page 50by Francis Hilliard - 1859 - 719 pagesFull view - About this book
 | Esek Cowen - Justices of the peace - 1821 - 804 pages
...instance of payment of a debt, barred ly the. statute of limitatinns ; or contractor) fhirins; ivfiwry ; or t'O the extent of principal and legal interest, upon an usurious contract, or money fairly lust at play, Moses v. Me Fnrlan, 2 Burr. , 1005. But in the last instance, our stntutt... | |
 | Esek Cowen - Justices of the peace - 1841 - 590 pages
...could not have recovered it by law, this action does not lie to recover it back, as in the instance of payment of a debt, barred by the statute of limitations ; or contracted during infancy ; or to the extent of principal and legal interest, upon a usurious contract, or money fairly... | |
 | Samuel Warren - Law - 1845 - 1174 pages
...honesty, although it could not have been recovered from him by any course of law ; as, for instance, in payment of a debt barred by the Statute of Limitations;...principal and legal interest upon an usurious contract ; J or for money fairly lost at play : because in all these cases, the defendant may retain it with... | |
 | John Simcoe Saunders - Civil procedure - 1851 - 776 pages
...the pit. which is claimed of him as payable in point of honour and honesty, although it could not be recovered from him in any course of law, as in payment...by the Statute of Limitations, or contracted during infancy, to the extent of principal and legal ¡merest upon an usurious contract, or for money fairly... | |
 | Conway Robinson - Actions and defenses - 1855 - 884 pages
...him as payable in point of honour and honesty, although it could not have been recovered from him by any course of law ; as in payment of a debt barred...during his infancy, or to the extent of principal and interest upon an usurious contract, or for money fairly lost at play ; because, in all these cases,... | |
 | United States. Congress. Senate - United States - 1856 - 594 pages
...him as payable in point of honor and Jioncsty, although it could not have been recovered from him by any course of law, as in payment of a debt barred...all these cases, the defendant may retain it with a si ife. conscience, though by posit icv law he was barred from recovering. But it lies for money paid... | |
 | Law - 1857 - 412 pages
...payable in point of honor and. honesty, althougn it could not have been recovered from him by an^i course of law, as in payment of, a debt barred by...limitations or contracted during his infancy, or to the-extent of principal and legal interest upon an usurious contract, or for money fairly lost at play,... | |
 | Law - 1901 - 510 pages
...him as payable in point of honor and honesty, although it could not have been recovered from him by any course of law — as in payment of a debt barred...by the statute of limitations, or contracted during infancy, or to the extent of principal and legal interest upon a usurious contract, or for money fairly... | |
 | Law - 1872 - 384 pages
...equity and in conscience, he ought, he cannot recover it back ;" and he gave, in illustration, the case of a debt barred by the statute of limitations, or contracted during infancy. " But," he continued, " where money is paid under a mistake, which there was no ground to... | |
 | New South Wales. Supreme Court - Law reports, digests, etc - 1882 - 550 pages
...him as payable in point of honor and honesty although it could not have been recovered from him by any course of law ; as in payment of a debt barred...because in all these cases, the Defendant may retain it, though by positive law he was barred from recovering. But it lies for money paid by mistake ; or upon... | |
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