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" The action to recover on a claim for refund is in the nature of an action for money had and received, and it is incumbent upon the claimant to show that the United States has money which belongs to him. "
The Northwestern Reporter - Halaman 238
1912
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - 1878
...the amount, to which the statute no doubt would apply, and the money would be irrecoverable; but it is in the nature of an action for money had and received. That the plaintiff was privy to the original transaction is immaterial. Where A. has received money...
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The Pacific Reporter, Volume 179

1919
...fi=Fur other cases see same topic aud KEY-NUMBER In all Kef-Numbered Digests and Indexes the derk. While In the nature of an action for money had and received, the case Is one based upon statute (Pol. Code, | 3819), and takes the place of the ordinary action of assumpsit...
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The Pacific Reporter, Volume 3

1884
...was satisfied without it. We think the facts alleged in the complaint fully warrant the action, which is in the nature of an action for money had and received to the appellant's use, and that the holding of the circuit court was error. The judgment is therefore...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1885
...transaction is unquestioned. The bad faith was on the part of agents of the United States. This suit is in the nature of an action for money had and received upon a promise implied from the receipt of money which equitably belonged to the claimant. The method...
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The Southern Reporter, Volume 41

1906
...the theory that said count declares upon a contract, whereas, In fact. It does not Said count Is more In the nature of an action for money had and received. The foundation of It Is a claim for overcharges in freight •which the plaintiff was required to pay in...
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The New York Supplement

1912
...had paid to it for the work, labor, and materials furnished by the defendant for the plaintiffs. It is in the nature of an action for money had and received by the defendant, and is based upon the fact that the defendant agreed with certain of plaintiffs'...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 38

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1891
...omission of duty work a forfeiture of his right to be reimbursed. The proceeding of the county here is in the nature of an action for money had and received by appellee to its use, in which it should recover only what it is shown to be equitably entitled to....
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A Treatise on Express Trusts and Powers, Under the New York Revised Statutes ...

Stewart Chaplin - 1897 - 743 halaman
...In effect the action is personal in its nature for a failure of duty on the part of the trustees. It is in the nature of an action for money had and received by the trustee for the plaintiff. (Power v. Hathaway, 43 Barb. R. 214, 219.)" If the amount due has...
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Brief Upon the Pleadings in Civil Actions: At Law, in Equity, and ..., Volume 1

Austin Abbott - 1904 - 2120 halaman
...canceled that; and not on the others, because the treasurer had no authority to issue them. The suit is in the nature of an action for money had and received. Barney v. Buena Vi»ta County, 33 Iowa, 261. • Carr v. Waldron, 44 Mo. 393 ; Porter v. Waltz, 108...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 99

California. Supreme Court - 1906
...and to all sums of money paid by him under said contract. This action was commenced in October, 1891, and is in the nature of an action for money had and received to recover back the first payment made by Lewis Shively under the contract. Judgment went for plaintiff,...
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