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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'. "
Reports of Cases Argued and Adjudged in the Court of King's Bench: During ... - Page ix
de Great Britain. Court of King's Bench, James Burrow - 1812
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Volume 5

Great Britain. Court of King's Bench, James Burrow - 1812 - 450 pages
...situation, contrary to laws made for protection of persons under those circumstances, ii. 1012. 14th. The gist of this action is that the defendant upon...justice and equity, to refund the money, ibid. Penal — Amendment of the declaration — The rule laid down, ii.1098. 1099. See Amendment, Declaration....
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 16

New Jersey. Supreme Court - 1839 - 658 pages
...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 - 680 pages
...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, upon the circumstances...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 ..., Volume 8

Vermont. Supreme Court - 1837 - 534 pages
..." cquo tt bono he ought to refund." Lord Mansfield says, (2 Bur. 1005,) " The gist of this kind of "action is>, that the defendant, upon the circumstances...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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United States Reports: Cases Adjudged in the Supreme Court, Volume 38

United States. Supreme Court - 1839 - 688 pages
[ Le contenu de cette page est soumis à certaines restrictions. ]
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - 1845 - 1174 pages
...bona fide due to him. See post, p. 324. those circumstances. In one word, the gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity, to refund the money. — One great benefit which arises to suitors from the nature of the action is, that the plaintiff...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 44

United States. Supreme Court - 1845 - 852 pages
...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 ..., Volume 1

Georgia. Supreme Court - 1847 - 710 pages
...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 ..., Volume 725

James Philemon Holcombe - 1847 - 554 pages
...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 ..., Volume 21

1866 - 386 pages
...in Moses v. McFarlane, 2 Burr. 1,005, in this language : — " In one word, the gist of this kind of action is that the defendant, upon the circumstances...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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