...assignee, as his agent ; and consequently, whether the rents of those houses were not recoverable, as money had and received by the defendant to the use of the plaintiff as assignee, subsequent to the bankruptcy. The learned Judge was of opinion against the plaintiff on both...

...claim a right of lien, for the freight of the goods found on board. THIS was an action of asaumpsit for money had and received by the defendant to the use of the plaintiff. The declaration contained all the usual money counts, together with a count upon an insimul computasset....

...according to the force, form, and effect of the statute in force concerning bankrupts. The first count was for money had and received by the defendant to the use of Wilkinson and James Mulcaster before they became bankrupts; the second, for money lent to the defendant...

...1, c. 10. HAI.I. and Another, Assignees of PHYNN, a Bankrupt, v. GUIINEY (a). JL HIS was an action for money had and received by the defendant to the use of the plaintiffs, as assignees, tried after last term, before Lord MANSFIELD, at Guild/tall, when a verdict...

...Neither is he entitled to recover interest on the count for money had and received. The interest was not money had and received by the defendant to the use of the plaintiff, Depcke v. Munn (a). Before the purchase was completed, the defendant was bound to hold the principal,...

...nonsuit. The demand sought to be recovered in this action was made in the former suit under the count for money had and received by the defendant to the use of the plaintiff*, for the value of stone of similar quantity, description and value ; and the two bills of particulars...

...precisely be alleged as to time or place. Cro. Eliz. 7IS. (A) The common method now used is to declare for money had and received by the defendant to the use of the plaintiff, without mentioning of whom, or by whose hands received j and this is the best method of declaring,...

...in Petrie v. Hannay, (3D. <J* E 659) in which it was laid down, that several counts may be joined, for money had and received by the defendant, to the use of the testator, and to the use of the executors as such, yet Bullcr, justice, confidently affirms that such...

...fiat was on the bankrupt's own petition. In the course of the argument Alderson, B. says, " This was money had and received by the defendant to the use of the assignees, inasmuch as it was money handed over by the bankrupt under such circumstances that it was...

...will." The question for the opinion of the Court was — " Whether the plaintiffs ought to recover as money had and received by the defendant to the use of the plaintiffs the said sum of one shilling and sixpence so demanded and received by the defendant for...