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" It lies only for money which, ex aequo et bono, the defendant ought to refund ; it does not lie for money paid by the plaintiff, which is claimed of him as payable in point of honor and honesty, although it could not have been recovered from him by any... "
Cases in Quasi Contract: Selected from Decisions of English and American Courts - Page 83
by Edward Sampson Thurston - 1916 - 622 pages
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A Treatise on the Civil Jurisdiction of a Justice of the Peace, in the State ...

Esek Cowen - Justice, Administration of - 1821 - 804 pages
...instance of payment of a debt, barred ly the. statute of limitatinns ; or contractor) fhirins; ivfiwry ; or t'O the extent of principal and legal interest, upon an usurious contract, or money fairly lust at play, Moses v. Me Fnrlan, 2 Burr. , 1005. But in the last instance, our stntutt...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 12

Charles Petersdorff - Law - 1831 - 598 pages
...contracted daring his infancy, or to the eitent of principal and legal interest upon a usurious eon-tact, or for money fairly lost at play; because in all these...the defendant may retain it with a safe conscience, though by positive law he was barred from recovering. 1 And a qaestion cannot without leave of the...
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A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - Contracts - 1834 - 850 pages
...of him as payable in point of honour and honesty, although it could not have been recovered from him by any course of law ; as in payment of a debt barred...the defendant may retain it with a safe conscience, though by positive law he was barred from recovering. But it lies for money paid by mistake ; or upon...
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A Selection of Leading Cases on Various Branches of the ..., Volume 2, Part 1

John William Smith - 1840 - 530 pages
...him as payable in point of honour and honesty, although it could not havebeen recovered from himin any course of law, as in payment of a debt barred...the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering ; but it lies for money paid MARRIOT I'. HAMPTON....
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ...

Esek Cowen - Justices of the peace - 1841 - 590 pages
...could not have recovered it by law, this action does not lie to recover it back, as in the instance of payment of a debt, barred by the statute of limitations ; or contracted during infancy ; or to the extent of principal and legal interest, upon a usurious contract, or money fairly...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 2

John William Smith - Law reports, digests, etc - 1842 - 612 pages
...him as payable in point of honour and honesty, although it could not have been recovered from him in any course of law, as in payment of a debt barred...the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering; but it lies for money paid *by mistake, or...
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - Law - 1845 - 1174 pages
...honesty, although it could not have been recovered from him by any course of law ; as, for instance, in payment of a debt barred by the Statute of Limitations;...principal and legal interest upon an usurious contract ; J or for money fairly lost at play : because in all these cases, the defendant may retain it with...
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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
...claimed of him as payable in point of honour and honesty, although it could not be recovered from him in any course of law, as in payment of a debt barred...by the Statute of Limitations, or contracted during infancy, to the extent of principal and legal ¡merest upon an usurious contract, or for money fairly...
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A Selection of Leading Cases, on Various Branches of the Law, Volume 2

John William Smith - Law reports, digests, etc - 1855 - 798 pages
...him as payable in point of honour and honesty, although it could not have been recovered from him in any course of law, as in payment of a debt barred...the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering ; but it lies for money paid by *mistake or...
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The Practice in Courts of Justice in England and the United States, Volume 2

Conway Robinson - Actions and defenses - 1855 - 884 pages
...of him as payable in point of honour and honesty, although it could not have been recovered from him by any course of law ; as in payment of a debt barred...during his infancy, or to the extent of principal and interest upon an usurious contract, or for money fairly lost at play ; because, in all these cases,...
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