 | Samuel Marshall - 1805 - 792 pages
...in an action brought on a policy of mfurance on a law. ni L , " .. c • r 'ma court of fhip, with a count for money had and received by the defendant to the plaintiffs ufe—The caufe was tried tit, under a decree of the court of Chancery, where the infu red,... | |
 | Great Britain. Court of King's Bench, Sir Edward Hyde East - 1807 - 500 pages
...only fue in his own right. But the cafe of Pitrie and another, executors, v. Hannay ( /), is in point, that a count for money had and received by the defendant to the ufe of the executors, as fuch, may be joined with a count for money had and received by him to the... | |
 | Great Britain. Court of King's Bench, John Prince Smith - 1807 - 622 pages
...tame out of the turn to be recovered. (JASK for the opinion of the court : Declaration in assumpsit for money had and received by the defendant to the use of the plaintiff, with the usual money counts; plea, general issue . This cause was tried at, the sittings... | |
 | Isaac 'Espinasse - 1808 - 480 pages
...executor, and how much as his own. But an executor may join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the иве of the executor as such. And in declaring against an executor on a promise... | |
 | Stewart Kyd - 1808 - 860 pages
...submission of matters "not in difference;" and judgment was given for the plaintiff.4 In a subsequent action for money had and received • by the defendant to the use of the plaintiff for eighteen bags of red Dutch clover, the defendant pleaded, among other things, an award;... | |
 | Great Britain. Court of King's Bench, Sir Edward Hyde East - 1809 - 540 pages
...character; and it was holden well by the Court : and that such a count might be joined with other counts for money had and received by the defendant to the use of the plaintiffs as execntors, and on an account stated with them as such; and yet no doubt the cause of... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 734 pages
...the Defendant, is sufficient, without adding that it was paid on the Defendant's request. 704 3. So, for money had and received by the Defendant to the use of the Plaintiff. Eyre v. Hutton. ib. 4. Affidavit to hold to bail for 681. and upwards, and no tender of... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 722 pages
...arrival of ships which h»ve arrived since tlie bankruptcy. for 1812. for the use of the defendant, and money had and received by the defendant to the use of the bankrupt and on an account stated between the bankrupt and the defendant. The cause came on to be tried... | |
 | New Jersey. Supreme Court - 1829 - 492 pages
...by the plaintiffs as executors, and also for money paid by the testator to the use of the defendant, for money had and received by the defendant to the use of the plaintiffs as executors, and for money had and received to the use of the testator, in separate counts,... | |
 | Great Britain. Court of King's Bench, Charles Durnford - 1817 - 860 pages
...arrest of judgment. Streatjield \. IMliday, Tr. 30 Geo. 3. 77O 3. A count for money had and received by defendant to the use of the executor, as such, may...money had and received to the use of the testator. Petrie v. Htmnay, E. 30 G. 3. Q.JS) 4. But a count for a debt due to the executor in his own right... | |
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The declaration also contains a count for money paid by the plaintiff for the use of the defendant, and a count for money had and received by the defendant to the use of the plaintiff. 
