...against John M'C. Taylor administrator of the estate of Peter Dyerle deceased. The plaintiff declared for money had and received by the defendant to the use of the plaintiff. The defendant pleaded the general issue. At the trial, the jury returned a special verdict,...

...chargeable after deducting the amount of the loan and interest due at that time; such excess would be simply money had and received by the defendant to the use of the plaintiff, under and in conformity with the contract; even if the sales had been tortious, we entertain...

...title at the time of the sale. The first count of the complaint amounts merely to the common count for money had and received by the defendant to the use of the plaintiff. The second count states, in substance, that the defendant represented to plaintiff that...

...wherefore they sue. "(3) The plaintiffs claim of the defendant the further sum of one hundred dollars for money had and received by the defendant to the use of the plaintiffs during, to wit, the months of May and June, 1901." Crum & Well, for appellants. Walker,...

...recovery of the money thus wrongfully obtained by the defendant ; and this latter action (an action for money had and received by the defendant to the use of the plaintiff) is based on an implied contract of agency, the defendant being fictitiously assumed to have...

...action of Account against B.2 Account against a receiver was long ago superseded by the common count for money had and received by the defendant to the use of the plaintiff. But the words " to the use of " still bear witness to the trust relation. Detinue was usually...

...Would not the $25 that the defendant received for the sale of the use of the plaintiff's property be money had and received by the defendant to the use of the plaintiff? If we are to be consistent with the decisions in cases where the defendant sells the whole...

...by the plaintiff as executor, and also for money paid by the testator to the use of the defendant, for money had and received by the defendant to the use of the plaintiffs as executors, and for money had and received to the use of the testator in separate counts...

...6 BKC the ground that they had been obtained by fraudulent misrepresentation, or in the alternative for money had and received by the defendant to the use of the plaintiffs, the defendant pleaded infancy: — Held, that the cause of action was in substance ex contractu,...

...the consideration of 170 dollars paid him by the plaintiffs. The declaration contained also a count for money had and received by the defendant to the use of the plaintiffs. The defendant pleaded in abatement, that the plaintiffs are not a corporation with power...