Reports of Cases Argued And Determined in the Court of Queen's Bench: And ...
Reports of Cases Argued And Determined in the Court of Queen's Bench: And ...
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Ekless, 5 H. & N. 925.t And the same rule holds although the agent has not actually paid the money to the prin- cipal, — it is enough if the agent has altered his position, on the faith of being allowed credit for the nioney : Skyring v. Greenwood, 4 B. 4; C. 281 (E. C. L. E. vol. 10). Here the agent has actually transmitted to the principal part of the money; some more has been allowed in account between them ; and the residue has, with the consent of the principal, been appropriated by the ag...ent in part liquidation of a debt incurred by the agent in bringing an action for the principal. It makes no aifference whether the plaintiff knew that the defendant was an agent or not ; but, if that point is material, the evidence shows that he *did know it. All this is in accordance with the principle rtAoq laid down by Lord Mansfield in Moses v. Macferlan, 2 Burr. ^ 1005, 1012, that the action for money had and received "lies only for money which, ex aequo et bono, the defendant ought to refund." Bovill and Honyman, in support of the rule.
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You can find similar books in the "Read Also" column, or choose other free books by Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith, Great Britain. Court of Exchequer Chamber to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Ekless, 5 H. & N. 925.t And the same rule holds although the agent has not actually paid the money to the prin- cipal, — it is enough if the agent has altered his position, on the faith of being allowed credit for the nioney : Skyring v. Greenwood, 4 B. 4; C. 281 (E. C. L. E. vol. 10). Here the agent has actually transmitted to the principal part of the money; some more has been allowed in account between them ; and the residue has, with the consent of the principal, been appropriated by the ag...ent in part liquidation of a debt incurred by the agent in bringing an action for the principal. It makes no aifference whether the plaintiff knew that the defendant was an agent or not ; but, if that point is material, the evidence shows that he *did know it. All this is in accordance with the principle rtAoq laid down by Lord Mansfield in Moses v. Macferlan, 2 Burr. ^ 1005, 1012, that the action for money had and received "lies only for money which, ex aequo et bono, the defendant ought to refund." Bovill and Honyman, in support of the rule.
What to read after Reports of Cases Argued And Determined in the Court of Queen's Bench: And ...?
You can find similar books in the "Read Also" column, or choose other free books by Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith, Great Britain. Court of Exchequer Chamber to read onlineMoreLess
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