 ... for money had and received by the defendant for the use of the plaintiff...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Seite 300von Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1890Vollansicht - Über dieses Buch
 | Philemon Bliss - 1894 - 858 Seiten
...That the defendant, on the day of , was indebted to the plaintiff in the sum of dollars for so much money had and received by the defendant for the use of the plaintiff, which sum the defendant agreed to pay to plaintiff. [2d. The said defendant, though requested, has... | |
 | Cape of Good Hope (South Africa) - 1895 - 1218 Seiten
...plaintiff to the defendant, — for money paid by the plaintiff for the use of the defendant, — for money had and received by the defendant for the use of the plaintiff (including the " condictio indebiti "), — for rent upon any lease or contract for hire, — for money... | |
 | Benjamin Jonson Shipman - 1895 - 654 Seiten
...certain.1 ~" It will lie to recover money lent, money paid by the plaintiff for the use of the defendant, money had and received by the defendant for the use of the plaintiff, or the balance due on an account stated; 13° to recover interest due on the loan or forbearance of... | |
 | 1895 - 1052 Seiten
...sue A. for the amount on an Implied contract by A. to pay it to him. This Is called 'an action for money had and received by the defendant for the use of the plaintiff.'" "It is, undoubtedly, the general rule that a munldpal corporation Is only liable upon express contracts... | |
 | Abraham Clark Freeman - 1896 - 1024 Seiten
...no bill of particulars of the indebtedness sued upon was filed with either of them. In actions for money had and received by the defendant for the use of the plaintiff the practice does not require a bill of particulars. If any uncertainty exists it can be remedied upon... | |
 | 1897 - 1108 Seiten
...justify this court in regarding the transaction here in question as presenting a case or money liad and received by the defendant for the use of the plaintiff. As would have been said under the former system of pleading, there is no count for money had and received;... | |
 | 1898 - 1222 Seiten
...Appellate Division, Second Department. December 7, 1897.) Pl.BADtNG AND PROOF— VARIANCE. In an action for money had and received by the defendant for the use of the plaintiff, the source from which It was so received has no Importance, either In allegation or proof, unless the... | |
 | 1904 - 920 Seiten
...declaration containing several counts, for goods sold and delivered by the plaintiffs to the defendant, for money had and received by the defendant for the use of the plaintiff, and for a balance of 3991. 18s. 8^d. upon an account settled, the defendant pleaded non assumpsit.... | |
 | 1904 - 260 Seiten
...a wine saloon and certain stock-in-trade belonging thereto. There was a further claim for £20 for money had and received by the defendant for the use of the plaintiff, the same being a part payment of the purchase money. A receipt was given for the £20, which, however,... | |
 | James Smith McMaster - 1904 - 784 Seiten
...action is not affirm, but to disaffirm, the unlawful contract.' The recovery in this case was for moneys had and received by the defendant for the use of the plaintiff, and this action will lie whenever one person has received money which in justice and right belongs... | |
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