| Charles Petersdorff - Bail - 1824 - 618 pages
...action for money had and received, should in every instance be obliged to state that the money was had and received " by the defendant, to the use of the plaintiff at the defendant's request." In (») Eyre v. Hulton, 5 Taunt. 704. 1 Marsh, 315. sc by the name of... | |
| Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...himself in his own right, yet it is the constant practice to join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the use of the executor as such ; and therefore the rule must be made absolute. DOE,... | |
| Thomas Lee - Law - 1825 - 768 pages
...nay, :;'/'. I?. 659; yet it is the constant practice to join in the same declaration several counts for money had and received by the defendant to the use of the testator, and to the use of the executor as such. Ib. A count on an insimul comptassent with the plaintiff... | |
| Law reports, digests, etc - 1827 - 932 pages
...account. Dissentiente — Mr. Justice Bayley, who thought the action was maintainable. This was an action for money had and received by the defendant to the use of the plaintiffs as assignees, with a count for an account stated. Plea — The general issue. On the trial... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1828 - 452 pages
...was. I am satisfied that the one stated in the declaration is not the true one, to wit, for so much money had and received by the defendant to the use of the plaintiff, or so much money lent by the plaintiff to the defendant, and that the Judge ought to have so instructed... | |
| |