Example sentences of "action for money " in BNC.
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| 1 | ‘ The action is an action for money had and received ; and it is brought upon this ground ; namely , that the money was paid to the defendant without any consideration ; the duty , for which , and in respect of which he received it , not having been imposed by lawful or sufficient authority to warrant the same . |
| 2 | ‘ It is sufficient to say that in Maskell v. Horner Lord Reading C.J. , referring to these authorities , and in particular to the advice given by Willes J. in Great Western Railway Co. v. Sutton — where that learned judge said that he had ‘ always understood that when a man pays more than he is bound to do by law for performance of a duty which the law says is owed to him for nothing , or for less than he has paid , there is a compulsion or concussion in respect of which he is entitled to recover the excess by condictio indebiti , or action for money had and received ’ — said that ‘ such claims made in this form of action are treated as matters of ordinary practice and beyond discussion . ’ |
| 3 | ‘ Now if the defendants were bound to charge the plaintiff for the carriage of his goods a less sum , and they refused to carry them except upon payment of a greater sum , as he was compelled to pay the amount demanded , and could not otherwise have his goods carried , the case falls within the principle of several decided cases , in which it has been held that money which a party has been wrongfully compelled to pay under circumstances in which he was unable to resist the imposition , may be recovered back in an action for money had and received . |
| 4 | The basis of the action for money had and received was that the money was paid to the defendant without any consideration , the duty having been unlawfully imposed . |
| 5 | It has been well argued that the payment having been voluntary , it can not be recovered back in an action for money had and received . |
| 6 | ‘ when a man pays more than he is bound to do by law for the performance of a duty which the law says is owed to him for nothing , or for less than he has paid , there is a compulsion or concussion in respect of which he is entitled to recover the excess by condictio indebiti , or action for money had and received . |
| 7 | But a payment made under pressing necessity to avoid a seizure of goods , or to obtain the release of goods unlawfully detained , or to prevent some interference with or withholding of a legal right , is compelled and not voluntary and is recoverable in an action for money had and received . |
| 8 | ‘ The action is an action for money had and received ; and it is brought upon this ground ; namely , that the money was paid to the defendant without any consideration ; the duty , for which , and in respect of which he received it , not having been imposed by lawful or sufficient authority to warrant the same . |
| 9 | It has been well argued that the payment having been voluntary , it can not be recovered back in an action for money had and received . |