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 373by New South Wales. Supreme Court - 1882Full view - About this book
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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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