money had and received

money had and received
a form of action that lay to recover money paid under mistake or compulsion or for a failed consideration. It also covered cases where the defendant had acquired money from the plaintiff by a tortious act. Many of these cases are now considered to fall within that part of the English law of obligations called restitution and are not thought to be quasi-contractual in the sense of having anything to do with contract. For Scotland, See condictio indebiti.

Collins dictionary of law. . 2001.

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  • money had and received — One of the common counts in assumpsit. 1 Am J2d Actions § 13. An action originally for the recovery of debt, favored because more convenient and flexible than the common law action of debt, has been gradually expanded as a medium for recovery… …   Ballentine's law dictionary

  • action for money had and received — Action in assumpsit based upon promise to repay implied by law, and in respect of limitation is a stated or liquidated Action brought where one person has received money or its equivalent under such circumstances that in equity and good… …   Black's law dictionary

  • action for money had and received — Action in assumpsit based upon promise to repay implied by law, and in respect of limitation is a stated or liquidated Action brought where one person has received money or its equivalent under such circumstances that in equity and good… …   Black's law dictionary

  • assumpsit for money had and received — Is of equitable character and lies, in general, whenever defendant has received money which in equity and good conscience he ought to pay to plaintiff …   Black's law dictionary

  • assumpsit for money had and received — Is of equitable character and lies, in general, whenever defendant has received money which in equity and good conscience he ought to pay to plaintiff …   Black's law dictionary

  • money — mon·ey / mə nē/ n pl moneys or mon·ies / mə nēz/ 1: an accepted or authorized medium of exchange; esp: coinage or negotiable paper issued as legal tender by a government 2 a: assets or compensation in the form of or readily convertible into cash… …   Law dictionary

  • money counts — Money had and received money lent, and money paid. 1 Am J2d Actions § 13 …   Ballentine's law dictionary

  • money — In usual and ordinary acceptation it means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt, or other personal or real estate. Lane v. Railey, 280 Ky. 319, 133 S.W.2d 74, 79, 81 …   Black's law dictionary

  • money — In usual and ordinary acceptation it means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt, or other personal or real estate. Lane v. Railey, 280 Ky. 319, 133 S.W.2d 74, 79, 81 …   Black's law dictionary

  • money paid — index collection (payment) Burton s Legal Thesaurus. William C. Burton. 2006 money paid …   Law dictionary

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