 | Joseph Rockwell Swan - Civil procedure - 1845 - 680 pages
...uncontradicted possession. 1 Hence, in some cases it is advisable to adopt the action of trespass. One whose goods have been taken from him or detained...the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action of money had and received for the proceeds. 2 And,... | |
 | Joseph Chitty - Contracts - 1855 - 1120 pages
...contracta will not lie. The whole extent of the doctrine, as gathered from the books, seems to be, that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds." 6... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1841 - 704 pages
...Teal v. Russell et al. waive the tort, and recover in this form of action. The law is well settled, that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received. This has not been done... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1867 - 440 pages
...ex contractu will not lie. The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained...the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds. No... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1867 - 426 pages
...ex contractu will not lie. The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained...of trespass or trover, may, if the wrongdoer sell (he goods and receive the money, waive the tort, affirm the sale, and have an action for money had... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1867 - 662 pages
...pleas, which is cited in a note to the opinion, it was held by this court in Jones v. Hoar, 5 Pick. 285, that one whose goods have been taken from him or detained unlawfully, cannot waive the tort and maintain assumpsit for goods sold, except against the executor of the wrongdoer... | |
 | Joseph Chitty, Henry Greening - Forms (Law) - 1876 - 1174 pages
...; 7 Ad. "& El. 426, SC [The whole extent of this doctrine, as gathered from the hooks, seems to be, that one whose goods have been taken from him or detained unlawfully, whereby he has a right to ar action of trespass or trover, may, if the wrongdoer sell the goods and receive the money, waive... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1877 - 1026 pages
...extent of the doctrine, as gathered from the hooks, Opinion of the Court — Lewis, 0. J. seems to be that one whose goods have been taken from him or detained unlawfully, whereby he has .1 right to im action of trespass or trover, may, if the -wrongdoer sell ike goods <md receive the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1878 - 860 pages
...authorities, and PAEKEB, CJ, said : " The whole extent of the doctrine as gathered from the books seems to be, that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale and have an action for money had and received for the proceeds." In... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1879 - 712 pages
...Jones v. Hoar, 5 Pick. 285. " The whole extent of the doctrine as gathered from the books, seems to be that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale and have an action for money had and received for the proceeds. No... | |
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The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained unlawfully, whereby he has a right to an action of trespass or trover, may, if the wrongdoer sell the goods and receive... 
