 | Law reports, digests, etc - 1856 - 944 pages
...receives it has a right to consider it as his without dispute: he spends it in confidence that it is his; and it would be most mischievous and unjust, if he who has acquiesced in the right hy such voluntary payment, should be at liberty, at any lime wilhin the statute of 'limitations, to... | |
 | United States. Court of Claims - Law reports, digests, etc - 1856 - 656 pages
...defendant has an option either to litigate the question or submit to the demand and pay the money. But it would be most mischievous and unjust, if he who has acquiesced in the right should be at liberty, within the statutes of limitations, to rip up the matter and recover back the... | |
 | United States. Court of Claims - Law reports, digests, etc - 1857 - 728 pages
...defendant has an option either to litigate the question, or submit to the demand and pay the money. But it would be most mischievous and unjust. if he who...statute of limitations, to rip up the matter and recover lack the money. ' ' See also 10 H., p. '25(5, where it was contended that a payment was voluntary because... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1865 - 726 pages
...it has a right to consider it as his without dispute ; he spends it in confidence that it is his;. and it would be most mischievous and unjust if he...up the matter, and recover back the money. He who received it is not in the same condition ; he has spent it in the confidence Commercial Bank of Rochester... | |
 | South Carolina. Court of Appeals, J. S. G. Richardson - Equity - 1869 - 414 pages
...receives it has a right to consider it his without disputehe spends it in the confidence that it is his, and it would be most mischievous and unjust, if he,...rip up the matter and recover back the money. He who received it is not in the same condition. He has spent it Columbia, April and May, 1868. in the confidence... | |
 | Charles Patrick Daly - Law reports, digests, etc - 1870 - 604 pages
...receives it has a right to consider it his without dispute. He spends it in the confidence that it is his, and it would be most mischievous and unjust if he...right, by such voluntary payment, should be at liberty to rip up the matter and recover back the money. He who received it is not in the same condition. He... | |
 | Great Britain. Courts - Law reports, digests, etc - 1871 - 828 pages
...receives it has a right to consider it as his without dispute: he spends it in confidence that it is his; and it would be most mischievous and unjust, *if he who has acquiesced r*.co in the right by such voluntary payment, should be at liberty, at any *time within the statute... | |
 | John Lansing Wendell - Law reports, digests, etc - 1874 - 426 pages
...Justice Best. She had a rijiht to consider it her own without dispute. She has probably spent it ; "and it would be most mischievous and unjust, if he.... be at liberty, at any time within the statute of limita- [365] tions, to rip up the matter and recover back the money." I cannot consider this as a... | |
 | Law reports, digests, etc - 1886 - 870 pages
...paid " has a right to consider it as his without dispute: he spends it in confidence that it is his; and it would be most mischievous and unjust, if he...to rip up the matter and recover back the money." The only modifications of the general rule which our laws seem to call for, are those already indicated.... | |
 | Law reports, digests, etc - 1886 - 824 pages
...Justice Best. She had a right to consider it her own, without dispute. She has, probably, spent it, and " it would be most mischievous and unjust, if...any time within the statute of limitations, to rip np the matter and recover back the money." I can not consider this as a case of mistake in fact, or... | |
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He who receives it has a right to consider it as his without dispute: he spends it in confidence that it is his; and it would be most mischievous and unjust, if he who has acquiesced in the right by such voluntary payment, should be at liberty, at any... 
