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" ... had and received by the defendant to the use of the plaintiff... "
McMaster's Commercial Decisions Affecting the Banker and Merchant [from the ... - Page 6
by James Smith McMaster - 1906
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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
...Bowman (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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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 5

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1823 - 726 pages
...been adopted in Short v. M'Carthy, but there no such attempt was made. Is it then to be considered as money had and received by the defendant to the use of the plaintiff? It does not appear to me, that this case falls within those where it has been decided, that...
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Reports of Cases Principally on Practice and Pleading, Determined ..., Volume 2

Great Britain. Court of King's Bench, Joseph Chitty - Civil procedure - 1823 - 832 pages
...a count in trover. It is argued, however, that it is so in effect ; namely, by stating that it was money had and received by the defendant to the use of the plaintiff, to be paid to him on request, and that in the latter part it charges a conversion. Now there...
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The Reports of the Most Learned Sir Edmund Saunders, Knt. Late ..., Volume 2

Sir Edmund Saunders, Great Britain. Court of King's Bench - Law reports, digests, etc - 1824 - 494 pages
...Cooke. 3 Term Rep. 659, 660. Petrie v. Hannay. 2 Saund. 210 a. note. It has been said, that a count for money had and received by the defendant to the use of the executor as such, may be joined to a count for money had and received to the use of the testator. 3...
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Reports of Cases Relating to the Duty and Office of Magistrates ..., Volume 2

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - Justices of the peace - 1825 - 664 pages
...French was for the prosecution, and Scarlett and Brodrick for the defendant. MORGAN v. PALMER. ASSUMPSIT for money had and received by the defendant to the use of the plaintiff. Plea non assumpsit, and issue thereon. At the trial, before Garrow, B. at the Norfolk Lent...
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A Practical and Elementary Abridgment of the Cases ..., Page 483, Volume 1

Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...himself in his own right, yet it is the constant practice to join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the use of the executor as such ; and therefore the rule must be made absolute. DOE,...
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A Dictionary of the Practice in Civil Actions: In the Courts of ..., Volumes 1-2

Thomas Lee - Law - 1825 - 768 pages
...nay, :;'/'. I?. 659; yet it is the constant practice to join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the use of the executor as such. Ib. A count on an insimul comptassent with the plaintiff...
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Reports of Cases Argued and Ruled at Nisi Prius: In the Courts of King's ...

Great Britain. Court of King's Bench, Frederick Augustus Carrington, Joseph Payne - Law reports, digests, etc - 1825 - 742 pages
...months since the delivery), a sale ought to be presumed, and the value of the turkies considered as money had and received by the defendant to the use of the plaintiff, unless the defendant could shew that he had not sold, which it would be much easier for...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 8

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1826 - 768 pages
...for money lent and advanced, and paid, laid out and expended by the plaintiff for the defendant, and for money had and received by the defendant to the use of the plaintiff," is sufficient without alleging that such sums were lent, or paid, or received by the defendant...
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Reports of Cases Determined in the Circuit Court of the United ..., Volume 3

United States. Circuit Court (3rd Circuit), Bushrod Washington - Law reports, digests, etc - 1827 - 672 pages
...shares, before notice of the claims of the plaintiffs. JL HIS was an action of indeiitatua aaaumfisit, for money had and received by the defendant, to the use of the plaintiffs. The case, with the material parts of the evidence, are stated in the charge. " WASHINGTON, Justice,...
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