 | Great Britain. Court of King's Bench, James Burrow - 1812 - 450 страници
...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,... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 446 страници
...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,... | |
 | New Jersey. Supreme Court - 1839 - 658 страници
...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... | |
 | Samuel Comyn - 1824 - 680 страници
...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... | |
 | Vermont. Supreme Court - 1837 - 534 страници
...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... | |
 | Samuel Warren - 1845 - 1174 страници
...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...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... | |
 | United States. Supreme Court - 1845 - 852 страници
...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... | |
 | 1847 - 554 страници
...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... | |
 | Georgia. Supreme Court - 1847 - 710 страници
...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... | |
 | 1866 - 386 страници
...the party ought not to retain, as announced by Lord Mansfield, in Moses v. McFarlane, 2 Burr. 1,005, in this language : — " In one word, the gist of...while it would be certain and inflexible. But if there should be an effort to go into details, and to enumerate all the particular cases, to which the rule... | |
| |
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. 
