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" In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt... "
Borough court rules [for Wells] made, allowed, and confirmed in pursuance of ... - Page xxvii
by sir Peter Stafford Carey - 1841 - 80 pages
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The Legal Observer, Or, Journal of Jurisprudence, Volume 7

Law - 1833 - 560 pages
...point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts...the defendant a receipt to the use of the plaintiff. 2d, In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1833 - 790 pages
...point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts...the defendant a receipt to the use of the plaintiff. ',',. In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1834 - 784 pages
...point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts...all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be inadmissible. In such actions, therefore, a plea in denial...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 1834 - 924 pages
...receipt of the money and the existence of those facts which make such receipt by the defendant 1834. a receipt to the use of the plaintiff. " 2. In all...the plea of non assumpsit shall be inadmissible. In "ssut!" 6 such actions, therefore, a plea in denial must traverse some matter of fact: ex.gr. the drawing,...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court - Civil procedure - 1834 - 924 pages
...point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts which make such receipt by the defendant 1834. a receipt to the use of the plaintiff. 2. In all actions upon bills of exchange and promissory...
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The Legal Observer, Or, Journal of Jurisprudence, Volume 7

Law - 1834 - 576 pages
...received, it will operate as a denial both of the receipt of the money and the existence of those fact» which make such receipt by the defendant a receipt to the use of the plaintiff. 2d, In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be...
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The Principal Statutes and Rules of Court for Reform of the ..., Page 957

England, Great Britain - Justice, Administration of - 1834 - 254 pages
...will operate as a denial both of the receipt of the money and the existence of those facts which makes such receipt by the defendant a receipt to the use of the plaintiff. 2d. In all actions upon bills of exchange and K promissory notes, the plea of non assumpsit shall be...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1835 - 814 pages
...point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts...the plea of non assumpsit shall be inadmissible. In it"u^ne such actions, therefore, a plea in denial must traverse some matter of fact : ex. gr. the drawing,...
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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, Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1835 - 980 pages
...point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts...all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be inadmissible. In such actions, therefore, a plea in denial...
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Reports of Cases Argued and Determined in the Court of ..., Issue 10, Volume 3

Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1835 - 996 pages
...point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts...plaintiff. 2. In all actions upon bills of exchange anil promissory notes, the plea of non assumpsit shall be inadmissible. In such actions, therefore,...
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