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" 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. "
Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ... - Seite 461
von Joseph Chitty, Henry Greening - 1876
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Reports of Cases Argued and Adjudged in the Court of King's Bench: During ...

Great Britain. Court of King's Bench - 1812
...to laws made for protection of persons under those circumstances, ii. 1012. 14th. The gist of this action is that the defendant upon the circumstances...of natural justice and equity, to refund the money, ibid. Penal — Amendment of the declaration — The rule laid down, ii.1098. 1099. See Amendment,...
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Band 5

Great Britain. Court of King's Bench, Sir James Burrow - 1812
...to laws made for protection of persons under those circumstances, ii. 1012. J4th. The gist of this action is that the defendant upon the circumstances...of natural justice and equity, to refund the money, ibid. Penal — Л mendmeiit of the declaration — The rule laid down, ii.1098. 1099. See Amendment,...
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Reports of Cases Argued and Determined in the Supreme Court And, at ..., Band 16

New Jersey. Supreme Court - 1839
...kept" — "for money, which ear equo 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...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 654 Seiten
...itself, that besides refunding the money, he may pay the costs and expences the plaintiff was put to. The gist of this kind of action is, that the defendant,...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 upon the...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 8

Vermont. Supreme Court - 1837
...has received money which ex " cquo tt bono he ought to refund." Lord Mansfield says, (2 Bur. 1005,) " The gist of this kind of "action is>, that the defendant,...case, " is obliged by the ties of natural justice and equality to refund the " money." Second. — It is contended that this action can be sustained on the...
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - 1845 - 944 Seiten
...require him to pay the lender what is bona fide due to him. See post, p. 324. those circumstances. In one word, the gist of this kind of action is, that...plaintiff need not state the special circumstances on which he founds his claim : and it is equally beneficial to the defendant. It is the most favourable...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Band 44

United States. Supreme Court - 1845
...each of the parties must stand affected. Cary 0. Curtis. of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund. And by Buller, Justice, in Stratton ». Rastall, 2 TR 370, " that this action has been of late years...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Band 1

Georgia. Supreme Court - 1847
...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, it may be recovered from him in an action for money had and received to the plaintiff's use. This form...
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A Selection of Leading Cases Upon Commercial Law Decided by the Supreme ...

1847 - 500 Seiten
...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 Stratum c. Rustall, '2 TR 370, " that tin's action has been of lute years...
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The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Band 21

1866
...retain, as announced by Lord Mansfield, in Moses v. McFarlane, 2 Burr. 1,005, in this language : — " In one word, the gist of this kind of action is that...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 would be certain...
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