 | Law reports, digests, etc - 1825 - 800 pages
...without directly communicating with him thereon. On settling the next rent between Lythgoe and tke defendant, the defendant produced the order to Lythgoe,...order from Lythgoe, in an action for money had and received, or ироа an account stated. Asrumpsit for money had and received, and on an account stated.... | |
 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - Law reports, digests, etc - 1826 - 1076 pages
...A. gave a receipt for the whole: Held, that B. could not recover the amount of the order from C. in an action for money had and received, or upon an account stated. Wharton v. Walker, E. 6 G. 4. Page 163 13. An attorney, town clerk, and clerk of the peace for the borough of L., in the... | |
 | Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...receipt for the whole, it was held that B. could not recover the amount of the order from C., either in an action for money had and received, or upon an account stated. Whartan v. Walker, 4 B. and C. 163. Where there is a defined and ascertained debt due from A. to B.,... | |
 | Henry Roscoe - Evidence (Law) - 1832 - 660 pages
...receipt for the whole, it was held that B. could not recover the amount of the order from C., either in an action for money had and received, or upon an account stated. Wharton v. Walker, 4 B. and C. 163." Where there is a defined and ascertained debt due from A. to Bi and a debt to the... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1833 - 916 pages
...a receipt for the whole: it was held, that B. could not recover the amount of the order from C., in an action for money had and received, or upon an account stated; and, on Wilson v. Coupland (b) being there cited, Mr. Justice Bayley said, " that it was very distinguishable;... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1865 - 560 pages
...receipt for the whole ; it was held that B could not recover the amount of the order from C., either in an action for money had and received, or upon an account stated. Wharton vs Wo/ker, ub. sup. — Robertson vs. Fontleroy, 8 Moore, l0.— Vide H»dgson vs. Andersun. )J B.... | |
 | Henry Roscoe - Evidence (Law) - 1884 - 834 pages
...for the whole, — it was held that B. could not recover the amount of the order from C., either in an action for money had and received, or upon an account stated. Wharton v. Walker, 4 B. & C. 163 ; see the principle of the cases discussed in Liversidge v. Ilroadbent, 4 H. & N. 603... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1889 - 680 pages
...a breach of the written contract in order to recover the money remaining in the defendants' hands. An action for money had and received, or upon an account stated, in case there was an accounting, was in proper form, and it did not result in a variance because it... | |
 | Henry Roscoe, James Sands Henderson - Actions and defenses - 1922 - 812 pages
...for tlic whole, — it was held that B. could not recover the amount of the order from C.. either in an action for money had and received, or upon an account stated. Wharton v. Walker, 4 B. & C. 163; &°e the principle of the cases discussed in Licersidge v. Broadbent, 4 H. & N. 603;... | |
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C. produced the order to A., and promised to pay the amount to B., and upon receiving the difference between that and the whole rent, A. gave a receipt for the whole, it was held that B. could not recover the amount of the order from C., either in an... 