 | Esek Cowen - 1821 - 804 pagina’s
...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... | |
 | 1840 - 514 pagina’s
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 | Charles Petersdorff - 1831 - 598 pagina’s
...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... | |
 | Joseph Chitty - 1834 - 850 pagina’s
...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... | |
 | John William Smith - 1840 - 530 pagina’s
...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... | |
 | Joseph Chitty - 1841 - 1040 pagina’s
...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.... | |
 | Esek Cowen - 1841 - 590 pagina’s
...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... | |
 | John William Smith - 1842 - 612 pagina’s
...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... | |
 | Samuel Warren - 1845 - 1174 pagina’s
...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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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... 
