accepted action for money afterwards agent agreed agreement alleged amount appears applied assignment assumpsit authority Bank benefit bill of lading bonds brought cargo charter-party circumstances claim consideration contract count court court of equity damages debt declaration deed defendant defendant's delivered demand draft drawer entitled to recover equity error evidence executed executors forgery fraud freight ground held implied indorsement judge judgment jury Justice Kertch labor land lease liable Lord MANSFIELD ment mistake of fact mistake of law money paid Morris Canal mortgage nonsuit notice obligation opinion owner parties payable payment performance person plaintiff plaintiff in error plea possession premium present principle promise purchase quantum meruit question reason received recover back refused rent Reported rule ship sold statute statute of frauds testator thereof tion transaction trial trustee vendor verdict warranty
Page 8 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 155 - If the defendant be under an obligation, from the ties of natural justice, to refund, the law implies a debt and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract (quasi ex contractu, as the Roman law expresses it).
Page 42 - Demands in the nature of unliquidated damages arising otherwise than by reason of a contract, promise, or breach of trust, shall not be provable in bankruptcy.
Page 125 - ... if the court should be of opinion that the plaintiff was entitled to recover.
Page 288 - The court instructed the jury, that if they were satisfied...
Page 365 - 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 95 - July, 1844, by a certain agreement in writing then made between the defendant of the one part, and the plaintiff of the other part, — after reciting...
Page 156 - 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.