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" But it lies for money paid by mistake ; or upon a consideration which happens to fail ; or for money got through imposition (express or implied) ; or extortion ; or oppression ; or an undue advantage taken of the plaintiffs situation, contrary to laws... "
The New South Wales Law Reports, 1880-1900 - Page 373
by New South Wales. Supreme Court - 1882
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Essays on the Action for Money Had and Received, on the Law of Insurances ...

William David Evans - Commercial law - 1802 - 364 pages
...becaufe in all thefe t:afes the defendant may retain it'with a fafe conIcience, though 'by poluivelaw he was barred from recovering. But it lies for money paid by m it. take ; orupofta confidetation which happens to fail ; or for money got by impofition, fexprefs...
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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
...interest upon an usurious contract, ii. 1012. 4thly. Or money fairly lost at play, ibid. • - • " mistake : or upon a consideration which happens to...money got through imposition (express or implied,) extortion, oppression, or undue advantage taken of the plaintiff's situation, contrary to laws made...
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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 - 446 pages
...legal interest upon an usurious contract, ii. 1012. 4thly. Or money fairly lost at play, ibid. 13th. But it lies for money paid by mistake : or upon a consideration which happens to iail ; or lor moiiey got through imposition (express or implied,) extortion, Ofipretisioii, or undue...
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A Compendious Law Dictionary: Containing Both an Explanation of the Terms ...

Thomas Potts - Law - 1815 - 836 pages
...person employed by him, is imitiert to an action, and will recover proportionate damages. If money be paid by mistake, or upon a consideration which happens to fail, or if money be obtained by imposition (express or implied) or extor» tion, or oppression, or through...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 1

Jacob D. Wheeler - Common law - 1833 - 646 pages
...lies Per Cwr. Savage, CJ The action for money had and re- for money 13. fendant ought to refund, as for money paid by mistake ; or upon a consideration which happens to fail ; or for money obtained by imposition ; or extortion ; or oppression ; or hy taking an undue advantage of the plaintiff's...
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A Selection of Leading Cases on Various Branches of the ..., Volume 2, Part 1

John William Smith - 1840 - 530 pages
...fairly lost at play ; because, in all these cases, the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering ; but it lies for money paid MARRIOT I'. HAMPTON. by mistake, or upon a consideration which happens to fail, or for money got through...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 2

John William Smith - Law reports, digests, etc - 1842 - 612 pages
...fairly lost at play ; because, in all these cases, the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering;...happens to fail, or for money got through imposition, or extortion, or oppression, or an undue advantage taken of the party's situation contrary to laws...
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - Contracts - 1855 - 1120 pages
...fairly lost at play ; because in all these cases the defendant may retain it with a safe conscience, though by positive law he was barred from recovering....implied ; or extortion, °or oppression ; or an undue [ °527 ] advantage taken of the plaintiff's situation, contrary to laws made for the protection of...
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A Selection of Leading Cases, on Various Branches of the Law, Volume 2

John William Smith - Law reports, digests, etc - 1855 - 798 pages
...fairly lost at play ; because, in all these cases, the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering ; but it lies for money paid by *mistake or upon r*o ¿л i a consideration which happens to fail, or for money got through imposition, or *extortion,...
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Leading Cases in the Commercial Law of England and Scotland, Volume 2

George Ross - Commercial law - 1855 - 956 pages
...in Moses and Macferlan, 2 Burr. 1012, that an action for money had and received will lie to recover money paid by mistake, or upon a consideration which happens to fail. SIR THOMAS DAVENPORT in support of the rule. Wherever there is a special contract, whether conditional...
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