Is the man who has paid over money to another's use to dispute the legality of the original consideration? Having once waived the legality, the money shall never come back into his hands again. Can the defendant then in conscience keep the money so paid?... Reports of Cases Argued and Determined in the Courts of Common Pleas, and ... - Page 4by Great Britain. Court of Common Pleas, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - 1814 - 658 pagesFull view - About this book
| William David Evans - Commercial law - 1802 - 364 pages
...illegality, the money can never come back to his hands again. Can the defendant then, in confcience, keep the money fo paid? For what purpofe fhould he retain it? To whora is he to pay it over ? Who is entitled to it, but th« plaintiff?" Lord Cjiiel Jufiice Eyre faid,... | |
| Robert Joseph Pothier - Civil law - 1806 - 728 pages
...hands again. Can the defendant then, in confcience, keep the money fo paid ? For what purpofe ihould he retain it? To whom is he to pay it over ? Who is entitled to it but the plaintiff?" Lord Chief Juftice Eyre íáí j, " The queftion is, whether he who has received money to another's... | |
| Henry Keyser - Stock exchanges - 1850 - 384 pages
...hands again. Can the defendant, then, in conscience keep the money so paid ? For what purpose should he retain it ? To whom is he to pay it over ? Who is entitled to it but the plaintiff?" This case is distinguishable from that of Sullivan v. Greaves, as there the plaintiff could not make... | |
| Georgia. Supreme Court - Equity - 1862 - 1096 pages
...Justice BULLER asked : " Can the defendant in conscience keep the money so paid ? For what purpose should he retain it ? To whom is he to pay it over ? Who is entitled to it but the plaintiff?" In a note to this case, it is said : "If this money had been paid by the underwriters directly to Tenant,... | |
| Great Britain. Courts - Law reports, digests, etc - 1870 - 694 pages
...there asks: " Can the defendant then in conscience keep the money so paid ? For what purpose should he retain it? To whom is he to pay it over, who is entitled to it but the plaintiff?" The answer to these questions in the present case is, that the defendant in conscience might keep the... | |
| Law reports, digests, etc - 1885 - 754 pages
...hands again. Can the defendant then in conscience keep the money so paid ? For what purpose should he retain it ? To whom is he to pay it over; who is entitled to it but the plaintiff?" And Eyre, CJ, adds : " The defendant is not like a stakeholder. The question is, whether he who has... | |
| Law reports, digests, etc - 1885 - 666 pages
...defendant, then, in conscience, keep the money so paid ? For what purpose should he retain it? To whom is ho to pay it over? Who is entitled to it but the plaintiff? " And Lord Chief Justice Eyre said, " The defendant is not like a stakeholder. The question is whether... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1889 - 994 pages
...Justice Buller said: "Can the defendant in conscience keep the money so paid ? For what purpose should he retain it? To whom is he to pay it over? Who is entitled to it but the plaintiff?" All this is approved as law by this court in Ingram v. Mitckdl, supra, and these utterances of these... | |
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