 | Law - 1915 - 532 pages
...'In one word, the gist of this kind of action is that the defendant, upon VOL. 81 CENTRAL LAW JOURNAL the circumstances of the case, is obliged, by the...natural justice and equity, to refund the money.' Moses v. Macferlan, 2 Burrows, 1010, 1012; Bank v. Raymond, 3 Wend. [NY] 69, 74; Eddy v. Smith, 13... | |
 | Law - 1884 - 548 pages
...under those circumstances. In one word, the gist of this kind of action is, that the defendant under the circumstances of the case, is obliged by the ties of natural justice and equity to refund tne money." But the rule so broadly declared has never received the unqualified assent of the courts.... | |
 | Law reports, digests, etc - 1923 - 640 pages
...be kept, is very beneficial, and therefore much encouraged * * In one word, the gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity to refund the money. SASKATCHEWAN LAW REPORTS is the municipality responsible for the acts of its officer who for its benefit... | |
 | Law reports, digests, etc - 1917 - 1242 pages
...for money which ex ivquo et bono the defendant ought to refund. In one word the gist of this kind of action is that the defendant upon the circumstances...natural justice and equity to refund, the money." It Is manifestly Inconceivable that a right of action based as was this, in its Inception apon the... | |
 | Sir William Searle Holdsworth - Law - 1926 - 546 pages
...made for the protection of persons under those circumstances. In one word, the gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity to refund the money." It was thus in the action of indebitatus assumpsit that the larger part of our modern law of quasi-contract... | |
 | United States. Navy Department - Courts-martial and courts of inquiry - 1948 - 1008 pages
...contract, and yet may be enforced in a contract • action. "In one word, the gist of this kind of action is that the defendant, upon the circumstances...of natural justice and equity to refund the money." (Lord Mansfield, speaking in Moses v. MacFerfan, 2 Burr. 1005, 1012. ) Some cases have distinguished... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1875 - 678 pages
...British court, in the case of JMoses v. Macj'erlan, 2 Burrow, 1005, who said : "The gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity, to refund the money he has obtained from the plaintiff." This has become a favored principle in the courts of common law,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 1186 pages
...such circumstances. And he added, in one word, the gist of the action is that the defendant, under the circumstances of the case, is obliged, by the...of natural justice and equity, to refund the money. In Bize v. Dirkanon (1 Term Rep.. 285), he also said: The rule has always been that if a man has actually... | |
 | Law - 1867 - 556 pages
...Mansfield in Hoses \.Mi-ftirlane, 2 Burr. 1005, in this language : "In one word, the gut of this kind of action is, that the defendant, upon the circumstances...case, is obliged by the ties of natural justice and tijaily to rrfund the money." This, as a general rale, could be introduced into a code with perfect... | |
 | Law reports, digests, etc - 1919 - 970 pages
...for money which, ex aequo et bono, the defendant ought to refund. ... In one word, the gist of the action is that the defendant upon the circumstances...of natural justice and equity to refund the money." "From the use of such expressions as 'obliged by the ties of natural justice and equity ' it must not... | |
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In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'. 
