money had and received การใช้

• In the actions for money had and received and quantum meruit.
• The larger claim for money had and received failed.
• By 1760 actions for money had and received had increased in number and variety.
• The depositors claimed, first, in quasi contract for money had and received.
• The action for money had and received formed a part of the law of quasi-contract.
• For example, if the defendant had received money, the plaintiff would bring an action for money had and received.
• The action to recover money paid on a total failure of consideration is on a common money count for money had and received to the use of the plaintiff.
• On the third issue the Court noted that the sums paid were already held to be recoverable as money had and received notwithstanding the void nature of the swaps.
• It follows that Dextra cannot succeed against the BOJ on a claim for money had and received based upon what happened at the time of the payment of the cheque.
• However, he also ruled that the Kommunes had to repay the money which had been advanced to them as money had and received on the basis of a failure of consideration.
• Thus in " Sinclair v Brougham ", Lord Sumner stated that " all these causes of action [ sc . for money had and received ] are common species of the genus assumpsit.
• Depositors were not entitled to recover their money paid by them on an " ultra vires " contract of loan on the footing of money had and received by the society to their use.
• The court also considered whether Mr and Mrs Goss must repay the loan ( without the punitive interest ) as money had and received, but held that there had been no total failure of consideration.
• The New Zealand Court of Appeal overturned the judgement in part, accepting that the loan was void, but ordering that Mr and Mrs Goss must repay the capital sums as money had and received.
• There is, for * 63 instance, the qualification that an action for money had and received does not lie for money paid under an erroneous judgment or for moneys paid under an illegal or excessive distress.
• Hence where the claimant's action would have been brought as an action for money had and received, for money paid, or as a quantum meruit or quantum valebat, the claimant is only entitled to a money award.
• The House of Lords by a majority ( Lord Lloyd ) held that Westdeutsche bank could only recover its money with simple interest because it only had a personal claim for recovery in a common law action of money had and received.
• The broad language of s1346 ( a ) ( 1 ) mirrors the broad common law remedy the statute displaced : actions of assumpsit for money had and received, once brought against the tax collector personally rather than against the United States.
• The claim for money had and received always rested on a debt or obligation which the law implied or more accurately imposed, whether the procedure actually in vogue at any time was debt or account or case or " indebitatus assumpsit ".
• It is comparable to the legal remedy of money had and received which, as Lord Mansfield said, is  very beneficial and therefore, much encouraged [ " Moses v Macferlan " ( 1760 ) 2 Burr 1005, 1012 ].