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" ... to the use of the defendant, for money had and received by the defendant to the use of the plaintiffs as executors, and for money had and received... "
Reports of Cases Determined in the Supreme Court of the State of California - Page 589
by California. Supreme Court - 1906
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench, John Prince Smith - Law - 1807 - 622 pages
...out of the turn to be recovered. (JASK for the opinion of the court : Declaration in assumpsit for money had and received by the defendant to the use of the plaintiff, with the usual money counts; plea, general issue . This cause was tried at, the sittings...
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A Digest of the Law of Actions and Trials at Nisi Prius, Volume 1

Isaac 'Espinasse - Actions and defenses - 1808 - 480 pages
...executor, and how much as his own. But an executor may join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the иве of the executor as such. And in declaring against an executor on a promise...
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A Treatise on the Law of Awards

Stewart Kyd - Arbitration and award - 1808 - 860 pages
...matters "not in difference;" and judgment was given for the plaintiff.4 In a subsequent action for money had and received • by the defendant to the use of the plaintiff for eighteen bags of red Dutch clover, the defendant pleaded, among other things, an award;...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 10

Great Britain. Court of King's Bench, Sir Edward Hyde East - Law reports, digests, etc - 1809 - 540 pages
...sum when recovered would be assets. So in Pttrit andanothtr, Executors, v. Hannay (d), a count for money had and received by the defendant to the use of the executor, as suck, 31 K« 00 3 East, 104. (i) 5 E«it, 1 50. (c) i Term Rep. 487. (contrary to Belts,...
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Reports of Cases Argued and Determined in the Court of ..., Volume 4; Volume 15

Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 734 pages
...Defendant, is sufficient, without adding that it was paid on the Defendant's request. 704 3. So, for money had and received by the Defendant to the use of the Plaintiff. Eyre v. Hutton. ib. 4. Affidavit to hold to bail for 681. and upwards, and no tender of...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 10

New Jersey. Supreme Court - Law reports, digests, etc - 1829 - 492 pages
...the plaintiffs as executors, and also for money paid by the testator to the use of the defendant, for money had and received by the defendant to the use of the plaintiffs as executors, and for money had and received to the use of the testator, in separate counts, to which...
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Term Reports in the Court of King's Bench, Volume 1

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 870 pages
...so liable he undertook and promised the plaintiffs as surviving executors to pay them, &c. ad Count. Money had and received by the defendant to the use of the plaintiffs as executors. 3d. On an account stated with the plaintiffs as executors. To this declaration there...
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Term Reports in the Court of King's Bench, Volume 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 708 pages
...himself by any other surname. Judgment, respondcat ouster. ALPASS against WATKINS. THIS was an action for money had and received by the defendant to the use of the plaintiff, brought to receive back 50/. being the deposit money paid by the plaintiff to the defendant,...
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A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading ...

Joseph Chitty - Forms (Law) - 1819 - 544 pages
...that character, 'and may join such count with counts on promise* to the testator or intestate^). So money had and received by the defendant, to the use of the pL.intiff as executor (./)» und an .account stated with him .is executor, of monies due and 'owing...
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Reports of Cases Principally on Practice and Pleading, Determined ..., Volume 1

Great Britain. Court of King's Bench - Civil procedure - 1820 - 820 pages
...(a) the plaintiff's bookkeeper swore that the defendant was indebted to the plaintiff in 3400^. for money had and received by the defendant to the use of the plaintiff, as this deponent verily believes, and the Court held it not sufficient to hold the defendant...
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