...all his property for the benefit of his creditors, is a notice of an act of bankruptcy. Assumpsit, for money had and received by the defendant, to the use of the plaintiffs as assignees of James May, a bankrupt. Plea, non assumpsit. At the trial of the cause before...

...th< plaintiff as executor, and also for money paie by the testator to the use of the defendant, foi money had and received by the defendant to the use of the plaintiffs as executors, and for mon ey had and received to the use of the testatoi in separate counts...

...verdict of a jury. If it were undetermined, then an action of account at law could have been obtained as for money had and received by the defendant to the use of the plaintiff, or an action in equity for an accounting might have been maintained if the amount recoverable...

...theretofore paid on account of the purchase price of the land, to be recovered not as damages but as money had and received by the defendant to the use of the plaintiff. (Kempton v. Floribel Land & Imp. Co., 456.) 15. RESCISSION — ACTION TO RECOVER MONEY PAID...

...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 «цеш-у, the defendan 1 being fictitiou-ly assumed...

...1913, Ord. XV., rr. 1, 7, 11.— The plaintiff issued a writ against the defendant claiming £1,000 as money had and received by the defendant to the use of the plaintiff. The claim also alleged that the plaintiff paid the sum mentioned through one S., under menaces,...

..."money had and received" is a different story. The count that the defendant was indebted "for (so much money) had and received by the defendant to the use of the plaintiff" was a sufficiently broad formula to encompass non-contractual claims without resorting to...

...though they were abolished in the nineteenth century.27 There are four types of action: (1 1 the action for money had and received by the defendant to the use of the plaintiff; (21 the action for money paid to the defendant; (31 quantum valebat, to recover the reasonable...