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" The declaration also contains a count for money paid by the plaintiff for the use of the defendant, and a count for money had and received by the defendant to the use of the plaintiff. "
Forms of Practice; Or, American Precedents in Personal and Real Actions ... - Halaman 125
oleh Benjamin Lynde Oliver - 1851 - 664 halaman
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A Treatise on the Law of Insurance: In Four Books. I ..., Volume 1,Bagian 1-2

Samuel Marshall - 1805 - 792 halaman
...in an action brought on a policy of mfurance on a law. ni L , " .. c • r 'ma court of fhip, with a count for money had and received by the defendant to the plaintiffs ufe—The caufe was tried tit, under a decree of the court of Chancery, where the infu red,...
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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 - 1807 - 622 halaman
...tame 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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Reports of Cases Argued and Determined in the Court of King's ..., Volume 11

Great Britain. Court of King's Bench, Sir Edward Hyde East - 1807 - 500 halaman
...in his own right. But the cafe of Pitrie and another, executors, v. Hannay ( /), is in point, that a count for money had and received by the defendant to the ufe of the executors, as fuch, may be joined with a count for money had and received by him to the...
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A Digest of the Law of Actions and Trials at Nisi Prius, Volume 1

Isaac 'Espinasse - 1808 - 480 halaman
...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 - 1808 - 860 halaman
...submission of 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 - 1809 - 540 halaman
...character; and it was holden well by the Court : and that such a count might be joined with other counts for money had and received by the defendant to the use of the plaintiffs as execntors, and on an account stated with them as such; and yet no doubt the cause of...
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 halaman
...11. A count for money had. and recen ed U\ defcnitaut to ike use of tht executor, as stich, тяу be joined to a count for money had and received to the use of the testator. Pétrie v. Htninai/. 3 T. R . 659 I?. Buta plmn'iff cannot join in the same de< aration a cause of...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 732 halaman
...in the same declaration a count for money had and received to the use of the executor as sucht aqd a count for money had and received to the use of the testator. • diet and judgment in CB it was resolved, that ft count for money paid by the plaintiff as executrix...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 2

Nicholas Baylies - 1814 - 478 halaman
...A count for money had and received by defendant to the use of the executor, as such, may be jointed to a count for money had and received to the use of the testator. Pétrie v. Ilannay. 3 Tenu Hep. 659. so But a plaintiff cannot join in the same declaration a cause...
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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 halaman
...the 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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