 | Law reports, digests, etc - 1883 - 804 pages
...Lord Mansfield says "the gist of this kind of action is, that the defendant, upon the eir cumstances of the case, is obliged by the ties of natural justice and equity, to refund the money." Evans, in his Essays, 17, speaking of a failure of consideration by the misconduct of the defendant,... | |
 | David Dudley Field - Law - 1884 - 604 pages
...Lord Mansfield, in Moses vs. McFarlane,* in this language: " In one word, the gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity to refund the money." This, as a general rule, could be introduced into a code with perfect safety, while . it would be certain... | |
 | Henry Roscoe - Evidence (Law) - 1884 - 834 pages
...always been regarded ¡us an equitable action, and was formerly held to lie whenever the defendant was " obliged by the ties of natural justice and equity to refund the money." Moses v. Afaef trian, 2 Burr. 1012, per Là. Mansfield ; see Royere v. Iwjluim, 3 Ch. I). 351. This... | |
 | Law reports, digests, etc - 1915 - 1106 pages
...language of Lord Mansfield, in Moses v. McFarlain, says: "In one word, the gist of this kind of an action is that the defendant, upon the circumstances...natural justice and equity, to refund the money." And the equitable doctrine underlying the action is similar, whatever its subject-matter may be, where... | |
 | Law reports, digests, etc - 1886 - 870 pages
...kept" — " for money, which ex equo ct bono, the defendant ought to refund" — or " for money which the defendant, upon the circumstances of the case,...the ties of natural justice and equity, to refund," or " for money got through imposition," or "extortion," or " oppression," or bv " mistake," or "by... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1886 - 986 pages
...whenever the defendant has received money which is the property of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund; 2 Rob. Pr. (ncwed.), 449,473. It is true that the collecting officer is required to pay into the treasury... | |
 | Electronic journals - 1907 - 728 pages
...probably everywhere be conceded to be a complete defense to the 1 "In one word, the gist of this kind of action is that the defendant, upon the circumstances...of natural justice and equity to refund the money." Lord Mansfield, in Moses v. Macferlan, 2 Burr. 1005, 1012. other party's demand for restitution. It... | |
 | Law reports, digests, etc - 1912 - 1204 pages
...situation, contrary to laws made for the protection of persons under these circumstances. The gist of the action is that the defendant upon the circumstances...the case is obliged by the ties of natural Justice to refund the money. 2 Andrews. Amer. Law, p. 1205; Moses v. Macferlan, 2 Burr. 1005, text 1012. A... | |
 | George Hugh Smith - Human rights - 1887 - 430 pages
...defendant ought to refund. . . . In one word, the gist of this kind of action is, that the defendant, under the circumstances of the case, is obliged, by the...natural justice and equity, to refund the money:" Mansfield in Moses v. McFerlan, 2 Burr. 1012. of the owner takes charge of his property, he is under... | |
 | William Albert Keener - Quasi contracts - 1888 - 1234 pages
...whole of his demand, or to any part of it." His summary is in the following words : " In cue word, the gist of this action is, that the defendant, upon...of natural justice and equity to refund the money." In the language of the civilians, from whom Lord MANSFIELD borrowed many valuable principles, "Hoc... | |
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In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'. 
