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" It lies only for money which, ex aequo et bono, the defendant ought to refund: it does not lie for money paid by the plaintiff, which is claimed of him as payable in point of honor and honesty, although it could not have been recovered from him by any... "
Reports of Committees: 30th Congress, 1st Session - 48th Congress, 2nd Session - Página 14
por United States. Congress. Senate - 1856
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A Treatise on the Civil Jurisdiction of a Justice of the Peace, in the State ...

Esek Cowen - 1821 - 804 páginas
...instance of payment of a debt, barred ly the. statute of limitatinns ; or contractor) fhirins; ivfiwry ; or t'O the extent of principal and legal interest, upon an usurious contract, or money fairly lust at play, Moses v. Me Fnrlan, 2 Burr. , 1005. But in the last instance, our stntutt...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volumen12

Charles Petersdorff - 1831 - 598 páginas
...contracted daring his infancy, or to the eitent of principal and legal interest upon a usurious eon-tact, or for money fairly lost at play; because in all these cases the defendant may retain it with a safe conscience, though by positive law he was barred from recovering. 1 And a qaestion cannot without...
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A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - 1834 - 850 páginas
...for money paid by the plaintiff, which is claimed of him as payable in point of honour and honesty, although it could not have been recovered from him...all these cases the defendant may retain it with a safe conscience, though by positive law he was barred from recovering. But it lies for money paid by...
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A Selection of Leading Cases on Various Branches of the Law ..., Volumen2,Parte1

John William Smith - 1840 - 530 páginas
...him as payable in point of honour and honesty, although it could not havebeen recovered from himin any course of law, as in payment of a debt barred...all these cases, the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering ; but it lies for money paid...
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A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - 1841 - 1040 páginas
...for money paid by the plaintiff, which is claimed of him as payable in point of honour and honesty, although it could not have been recovered from him...barred by the Statute of Limitations, or contracted (y) And sec Ei purte Mather, 3 Vos. jun. 373, per Lord Chancellor; Chilly on Bills, 583 ; Aubertv....
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ...

Esek Cowen - 1841 - 590 páginas
...could not have recovered it by law, this action does not lie to recover it back, as in the instance of payment of a debt, barred by the statute of limitations ; or contracted during infancy ; or to the extent of principal and legal interest, upon a usurious contract, or money fairly...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volumen2

John William Smith - 1842 - 612 páginas
...him as payable in point of honour and honesty, although it could not have been recovered from him in any course of law, as in payment of a debt barred...all these cases, the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering; but it lies for money paid...
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - 1845 - 1174 páginas
...for money paid by the plaintiff, which is claimed of him as payable in point of honour and honesty, although it could not have been recovered from him by any course of law ; as, for instance, in payment of a debt barred by the Statute of Limitations; or contracted during his infancy...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Volumen2,Parte1

John Simcoe Saunders - 1851 - 776 páginas
...claimed of him as payable in point of honour and honesty, although it could not be recovered from him in any course of law, as in payment of a debt barred...by the Statute of Limitations, or contracted during infancy, to the extent of principal and legal ¡merest upon an usurious contract, or for money fairly...
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A Selection of Leading Cases, on Various Branches of the Law, Volumen2

John William Smith - 1855 - 798 páginas
...him as payable in point of honour and honesty, although it could not have been recovered from him in any course of law, as in payment of a debt barred...all these cases, the defendant may retain it with a safe conscience, though, by positive law, he was barred from recovering ; but it lies for money paid...
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