...of the defendant. True, the plaintiff might at common law, upon the facts, have maintained assumpsit for money had and received by the defendant to the plaintiff's use, and the law, in the interest of justice and by way of promoting the remedy, which was in form ex contractu,...

...though requested, refused to repay the same to the plaintiff. The declaration contained another count for money had and received by the defendant to the plaintiff's use. The answer was a general denial. The presiding judge ruled and instructed the jury that courts did...

...Money on Trustee Process Against Husband. — In an action by a married woman against а savings bank for money had and received by the defendant to the plaintiff's use, where the answer admits a deposit in the plaintiff's name, but claims that a part was held and paid...

...to the plaintiff's credit 5.000 rubles, and has failed to carry ont the contract. The second count is for money had and received by the defendant to the plaintiff's use. The receipt, dated December 21, 1917. Is absolute in form, and provides for the transmission of the...

...that the defendant owes him the sum of two hundred and eighty -five dollars and eight cents ($285.08) for money had and received by the defendant to the plaintiff's use, according to the account hereto annexed and marked "A." Both of the above counts are for one and the...

...for defendant. HASKELL, J. Assumpsit for money paid by the plaintiff at the defendant's request, and for money had and received by the defendant to the plaintiff's use. Plea, the general issue and the statute of limitations. The plaintiff bting the owner of the defendant's...

...interest. Now, this action has been brought in the Queen's Bench Division, and the claim on the writ is for money had and received by the defendant to the plaintiff's use. But the case is not one of the ordinary simple kind that it would appear to be from the indorsement...

...disturbed as not supported by the evidence. I». — ACTION FOR MONEY HAD AND RECEIVED. — The action for money had and received by the defendant to the plaintiff's use, may be maintained whenever an equity arises from the circumstances that one has money which he ought...

...contract it had no authority to make, and the plaintiff was allowed to recover back the money in an action for money had and received by the defendant to the plaintiff's use. It seems that in general, recovery will be denied if, in this class of cases, reimbursement would increase...

...circumstances the plaintiff is entitled to recover from the defendant the amount so received by it as money had and received by the defendant to the plaintiff's use, or as money of the plaintiff received by the defendant which was not due to the latter. Art. 1047 CC,...