...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...

...discover how much he is to have as administrator or executor, and how much as his own. But an executor may join in the same declaration several counts for money...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 by his testator,...

...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;...

...that 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...

...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...

...arrival of ships which h»ve arrived since tlie bankruptcy. for 1812. for the use of the defendant, and money had and received by the defendant to the use of the bankrupt and on an account stated between the bankrupt and the defendant. The cause came on to be tried...

...by the plaintiffs as executors, and also for money paid by the testator to the use of the defendant, for money had and received by the defendant to the use of the plaintiffs as executors, and for money had and received to the use of the testator, in separate counts,...

...that character, 'and may join such count with counts on promise* to the testator or intestate^). So money had and received by the defendant, to the use of the pL.intiff as executor (./)» und an .account stated with him .is executor, of monies due and 'owing...

...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...

...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...