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" I take it to be clear, that an agent who receives money for his principal, is liable, as a principal, so long as he stands in his original situation, and until there has been a change of circumstances, by his having paid over the money to his principal,... "
Reports of Cases Argued and Determined in the Supreme Court: And in the ... - Page 452
by Esek Cowen, New York (State). Supreme Court - 1837
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Richard Vaughan Barnewall - 1816 - 452 pages
...their own mistake, to litigate not his own rights but those of his principal. Lord ELLENBOROUGH, CJ 1 take it to be clear, that an agent who receives money...his principal, or done something equivalent to it. Here it is admitted that no money has been paid over by the defendant to his principal, nor has there...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...it in account is not a payment, Bnllei' v. Harrw>nt Cowp. 565, Horsefalt v. Handley, 8 Taunt. 13(i, and until there has been a change of circumstances...his principal, or done something equivalent to it, he remains liable. Cm v. Prentice, 3 M. and S. 344. So if he pays it over, after notice that the right...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - Evidence (Law) - 1832 - 660 pages
...payment, Buller v. Hairison, Coirp. 565, Horscfall v. Handleit,8 Taunt. 136,i and until there has becn a change of* circumstances by his having paid over...his principal, or done something equivalent to it, he remains liable. Cox v. Prentice, 3 M. and S. 344. So if he pays it over, after notice that the right...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - Law reports, digests, etc - 1839 - 770 pages
...agent; Buller v. Harrison (a), Cox v. Prentice^). In the latter case Lord Ellenborough CJ stated, " I take it to be clear that an agent who receives money...money to his principal, or done something equivalent." It was proved in the present case, that the defendants had accepted bills to the amount of IS.OOO/.,...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 44

United States. Supreme Court - Law reports, digests, etc - 1845 - 852 pages
...of plaintiffs to recover in this action, on notice and proof of Uiiiir title, so long as defendant stands in his original situation, and until there...circumstances, by his having paid over the money to his immediate employer, or done something equivalent to it. J . Smith, the defendant, was the agent of...
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A Selection of Leading Cases Upon Commercial Law Decided by the ..., Volume 725

James Philemon Holcombe - Commercial law - 1847 - 554 pages
...principle, that a voluntary payment is not recoverable back. In Cox vs. Prentice, 3 Maul, and Selw. 348, Lord Ellenborough says : " I take it to be clear,...his principal, or done something equivalent to it. And in Buller vs. Harrison, 2Cowp. 568, Lord Mansfield says, the law is clear, that if an agent pay...
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Practical Rules for Determining Parties to Actions: Digested and Arranged ...

Herbert Broom - Parties to actions - 1847 - 232 pages
...action for money had and received, at suit of the vendee, for any mistake in the price, or otherwise, so long as he stands in his original situation, and...his principal, or done something equivalent to it :(r) and although evidence is admissible on behalf of one of the contracting parties, to shew that...
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The Law of Pleading and Evidence in Civil Actions ..., Volume 2, Part 1

John Simcoe Saunders - Civil procedure - 1851 - 776 pages
...136; Whitchead v. Evans, 5 Marsh. 105, 115; Hurley v. Baker, 16 M. & W. 26); but, until there has hern a change of circumstances, by his having paid over the money to his principal, or doing something equivalent to it, he remains liable (Cox v. Prentice, 3 M. & S. 344 ; see Lilly v....
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A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - Labor laws and legislation - 1852 - 638 pages
...credited him with the full sum, but which was still unsettled. And Lord Ellenborough, CJ, said, " 1 take it to be clear that an agent, who receives money...circumstances, by his having paid over the money to hi? principal, or done something equivalent to it. Here it is admitted that no money has been paid...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 4

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1851 - 962 pages
...to the credit of his principal the price received: Cox v. Prentice (c). Lord Ellenborough, CJ, there says, " I take it to be clear that an agent who receives...his principal, or done something equivalent to it." Buller v. Harris(m(d) also decided, that if money be paid by mistake to an agent, and placed by him...
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