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affirmed agent agreed agreement alleged amount appears appellee applied assumpsit authority bank benefit bill breach brought building cause of action charge circumstances cited claim common law compensation consideration contract corporation count court of equity court says damages debt deed defendant defendant's delivered demand doctrine duress duty enforce entitled to recover equity error evidence execution express fendant fraud furnished ground held illegal imply a promise intestate judge judgment jury justice labor land liable Lord MANSFIELD Mass ment mistake of fact money paid mortgage obligation opinion owner pari delicto party payment performance person plaintiff plaintiff in error principle promise to pay purchase quantum meruit quasi-contract question reason received recover back recovery refused remedy rendered rule sold statute statute of frauds sustained testator tiff tion tort tract trial ultra vires vendor verdict void waived
Page 514 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 173 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other Is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be eeverable.
Page 631 - ... judge instructed the jury to find a verdict in favor of the defendant, on the ground that the...
Page 535 - This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged.
Page 392 - Wells, of , gentlemen, to be my true and lawful attorney, for me and in my name, to enter into and take possession of a certain messuage, late in the tenure and occupation of J.
Page 416 - 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.
Page 430 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Page 406 - He who receives it has a right to consider it as his without dispute: he spends it in confidence that it is his; and it would be most mischievous and unjust, if he who has acquiesced in the right by such voluntary payment, should be at liberty, at any time within the statute of limitations, to rip up the matter, and recover back the money.
Page 98 - Unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.
Page 559 - Where a party pays an illegal demand with a full knowledge of all the facts which render such demand illegal, without an immediate and urgent necessity therefor, or unless to release his person or property from detention, or to prevent an immediate seizure of his person or property, such payment must be deemed voluntary and cannot be recovered back. And the fact that the party at the time of making the payment files a written protest does not make the payment involuntary.