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" the proceeds of the wreck of the Royal William were not money had and received by the defendant to the use of the plaintiff, for want of privity between them—and that the wreck and cargo having been sold through the defendant, as the agent of Captain... "
Reports of Cases Argued and Determined in the English Courts of Common Law ... - Page 159
by Great Britain. Court of Common Pleas - 1852
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench, John Prince Smith - Law - 1807 - 622 pages
...out of the turn to be recovered. (JASE for the opinion of the court : Declaration in assumpsit for money had and received by the defendant to the use of the plaintiff", with the usual money counts ; plea, general issue. This cause was tried at, the sittings at Guildhall,...
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A Treatise on the Law of Awards

Stewart Kyd - Arbitration and award - 1808 - 860 pages
...matters "not in difference;" and judgment was given for the plaintiff. 4 In a subsequent action for money had and received • by the defendant to the use of the plaintiff for eighteen bags of red Dutch clover, the defendant pleaded, among other things, an award; the plaintiff...
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A Digest of the Law of Actions and Trials at Nisi Prius, Volume 1

Isaac 'Espinasse - Actions and defenses - 1808 - 480 pages
...executor, and how much as his own. But an executor may join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the иве of the executor as such. And in declaring against an executor on a promise...
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A Practical Treatise on Pleading and on the Parties to Actions and ..., Volume 1

Joseph Chitty - Parties to actions - 1809 - 550 pages
...character, and may join such count with counts on promises to the testator or intestate.! i•) So money had and received by the defendant, to the use of the plaintiff as executor,(/) and an account stated with him as executor, ef monies due and owing to the testator,^')...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 10

Great Britain. Court of King's Bench, Sir Edward Hyde East - Law reports, digests, etc - 1809 - 540 pages
...sum when recovered would be assets. So in Petrie and another, Executors, v. Hannay (d), a count for money had and received by the defendant to the use of the executor, as such, COWSLL mnd Wife, Administratrix, &c. against (c) i Term Rep. 487. (contrary to lictts,...
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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 - Law reports, digests, etc - 1812 - 450 pages
...plaintins, as assignees, to the defendant, at his request; yd Indftitatuf assuwpstt, for £2000, for money had and received by the defendant, to the use of the plaintiff, as assignees; 3d. Ind<'hitalusasmmp!iit,ftn£'2QQQ for money paid laid out and expended by the plaintiff^...
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Reports of Cases Argued and Determined in the Court of ..., Part 115, Volume 1

Great Britain. Court of King's Bench - Law reports, digests, etc - 1813 - 496 pages
...defendant. [ *-4 ] The rule discharged [F 4]. •\Vwc-™XT against DOWNES. 'T'HIS was an action for money had and received by the • defendant to the use of the plaintiff. On the trial, before Lord MANSFIELD, the plaintiff" proved, that the defendant, in consideration of...
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Reports of Cases Argued and Determined in the Court of ..., Part 115, Volume 1

Great Britain. Court of King's Bench - Law reports, digests, etc - 1813 - 496 pages
...for money had and received, will not lie, when the WESTON against DOWNES. '"PHIS was an action for money had and received by the defendant to the use of the plaintiff. On the trial, before Lord MANSFIELD, the plaintiff proved, that the defendant, been made on a m consideration...
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Reports of Cases Argued and Determined in the Court of ..., Volume 4; Volume 15

Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 734 pages
...Defendant, is sufficient, without adding that it was paid on the Defendant's request. 704 3. So, for money had and received by the Defendant to the use of the Plaintiff. Eyre v. Hutton. ib. 4. Affidavit to hold to bail for 681. and upwards, and no tender of the said sum,...
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Reports of Cases Determined at Nisi Prius,: In the Courts of King ..., Volume 4

Great Britain. Courts - Law reports, digests, etc - 1816 - 470 pages
...ALLEY and Others Assignees of JAMESON, a Bank- Saturday, rupt, v. HOTSON. TT December 13. A CTION for money had and received by the defendant to the use of the plaintiffs, as assignees. The bankrupt was captain of a ship in the service of the East India Company....
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