 If the defendant be under an obligation, from the ties of natural justice, to refund; the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ('quasi ex contractu,') as the Roman law expresses...  The Southeastern Reporter - Page 1771899Full view - About this book
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 450 pages
...inducement, originally, for encouraging actions of assumpeit, was, to take away the wager of law, ibid. 4th. If the defendant be under an .obligation from the...refund;" the law implies a debt and gives this action. 5th. This species of assumpsit lies in many instances, for money received from a third person under... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 446 pages
...inducement, originally, for encouraging actions of assumpsit, was, to take away the wager of law, ibid. 4th. If the defendant be under an obligation from the ties...refund;" the law implies a debt and gives this action. fbid. 5th. This species of assumpsit lies in many instances, for money received from a third person... | |
 | Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - Law reports, digests, etc - 1822 - 600 pages
...had and received, would have lain. The action for money had and received, is an equitable action, and if the defendant be under an obligation from the ties...refund, the law implies a debt, and gives this action. Moses v. Macferlan, 2 Burr, 1005. 3 Johns. 183. They contended that such a claim would be received... | |
 | Law reports, digests, etc - 1843 - 972 pages
...Bos. & Pul. 467. (6) 10 Bing. 352. Lord Mansfield, CJ, (a) lays down that, " if the deieu- , " dant be under an obligation from the ties of natural justice...refund, the law implies a debt, and gives this action, Sum*. " founded on the equity of the plaintiff's case, as it were " upon a contract." The case of Sweet... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1887 - 562 pages
...law will imply a contract from the equity of the claim. " If the defendant," says Lord Mansfield. " be under an obligation, from the ties of natural justice,...refund, the law implies a debt and gives this action, f ound"ed in the equity of the plaintiff's case, quasi ex contractu, "as the Roman law expresses it."... | |
 | Conway Robinson - Actions and defenses - 1855 - 884 pages
...et bono the defendant ought to refund. Moses v. Macfarlane, 2 Burr. 1012. If, said Lord Mansfield, the defendant be under an obligation, from the ties...justice, to refund, the law implies a debt and gives the action for money had and received to Ihe plaintiff's use; an action founded in the equity of the... | |
 | Georgia. Supreme Court - Equity - 1858 - 718 pages
...upon the idea of privity in contract, either express or implied ; but on the contrary, held, that " if the defendant be under an obligation, from the...to refund, the law implies a debt ; and gives this remedy founded upon the equity of the plaintiff's case, as if it were upon contract. " In one word,"... | |
 | Law - 1888 - 564 pages
...Walker v. Conant (Mich.), 31 NW Rep. 786. Lord Mansfield says in Moses v. Macferlan, 2 Burr. 1005, that "if the defendant be under an obligation from the ties of natural justice to refund, the law implies the debt, and gives this action, founded in the equity of the plaintiff's case, as if it were upon... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1872 - 580 pages
...conscience belongs to another, and which ex csquo et bono he ought to refund. 2 Comyn on Contracts, 5. If the defendant be under an obligation from the ties...equity of the plaintiff's case, as if it were upon a con tract. 2 Burr. 1008. It lies in numberless instances for money the defendant has received from... | |
| |
