 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1888 - 868 páginas
...Burr. 1012, Lord Mansfield, in describing the action, says : " In one word, the gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity to refund the money." In considering this it must not be forgotten that, after paying this money as a legal obligation, no... | |
 | George Knox, New South Wales. Supreme Court - 1891 - 574 páginas
...one word, the gist of this kind of action is that the defendant, upon the circumstances of the cases, is obliged by the ties of natural justice and equity to refund the money." Since then Judges have thought that Lord Mansfield went too far ; but I am glad to see that the tendency... | |
 | Henry Roscoe, Maurice Powell - 1891 - 924 páginas
...always been regarded as an equitable action, and was formerly held to lie whenever the defendant was " obliged by the ties of natural justice and equity to refund the money." Moses v. Macferlan, 2 Burr. 1012, per Ld. Mansfield; see Rogers v. Ingham, 3 Ch. D. 351. This definition... | |
 | Missouri. Courts of Appeals - 1893 - 768 páginas
...whenever the defendant has received money which is the property of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund." Gary v. Curtis, 3 How. (TJ. S.) 246-7. This is not a suit against an agent on a contract of his principal.... | |
 | 1903 - 828 páginas
...did. Weaker men would have pretended some precedent. Mansfield avowed that " the gist of this kind of action is that the defendant upon the circumstances of the case is obliged by ties of natural justice and equity to refund the money." Moses v. Macferlan (1760), 2 Burr. 1005. And... | |
 | Abraham Clark Freeman - 1903 - 1132 páginas
...made for the protection of persons under those circumstances. In one word, the gist of this kind of action is, that the defendant, upon the circumstances...of natural justice and equity to refund the money." In London and River Bank v. Bank of Liverpool (1896), LB 1 QB Div. 1, Mr. Justice Mathew says: "If... | |
 | Van Vechten Veeder - 1903 - 656 páginas
...made for the protection of persons under those circumstances. In one word, the gist of this kind of action is that the defendant, upon the circumstances...ties of natural justice and equity, to refund the money."7 It is obvious from such a statement that the common law had gone far towards adopting the... | |
 | 1904 - 1082 páginas
...made for the protection of persons under those circumstances. In one word, the gist of this kind of action is that the defendant, upon the circumstances...of natural justice and equity to refund the money." In London <t RP Bank v. Bank of Liverpool [1890], 1 QB 7, Mr. Justice Mathew says : " If the mistake... | |
 | James Smith McMaster - 1904 - 784 páginas
...made for the protection of persons under those circumstances. In one word, the gist of this kind of action is that the defendant, upon the circumstances of the case, is bbliged by the ties of natural justice and equity to refund the money." In London & River Bank v. Bank... | |
 | Edwin Hamlin Woodruff - 1905 - 718 páginas
...the whole of his demand, or to any part of it." His summary is in the following words: "In one word, the gist of this action is, that the defendant, upon...of natural justice and equity to refund the money." In the language of the civilians, from whom Lord MANSFIELD borrowed many valuable principles, "Hoc... | |
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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'. 
