A Selected of Leading Cases, on Various Branches of the Law; With Notes, by John William Smith, Esq. American Editors, J.I. Clark Hare and H.B. Wallace Volume 2
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...MANSFIELD, C. J., says, " in Bize v. Dicknson, the money ought, conscientiously, to have been repaid." In Wilson v. Ray, IO A. & E. 82, a creditor, who had insisted on security as the condition of his agreeing to a composition, received the amount of such security, and it was held, that having been paid voluntarily, and with full knowledge of the facts, it was not recoverable back. See also Viner v. Hawkins, 9 Exch. 266. Au attempt was made to question Wilson v. Ray in Gibson v. Bunce, 5 M. & Gr. 401; but it seems to accord in principle with those cases which establish that neglect in omitting to set up a defence at the proper time is irremediable; as if one discharged under the insolvent act 1 & 2 Vict. c. 110 (the ninetyfirst section of which statute renders securities for scheduled debts invalid), give a warrant of attorney for such debt without action, the court will set aside the warrant of attorney and judgment signed thereon: Exp. Hart, 2 D. & L. 778; but if he suffer judgment to go against him by default in an adverse action wherein he might have pleaded the defence, the court will not interfere: Philpott v. Aslett, 1 C. M. & R. 85; Denne v. Knott, 7 M. & W. 143; Laue v. Chapman, ll A. & E. 143; see also Bradshaw v. Bradshaw, 9 M. & W. 29. The cases of Smith v. Bromley and the other authorities cited hereafter, in the note to Merryweather v. Nixon, in which money paid contrary to a rule of law, for the protection of one class against another, has been held recoverable, may be referred to on this question. It is important to observe, that where an agent has been induced by fraud to hand over money intrusted to him by his principal for a special purpose, the action for money had and...
- Paperback | 582 pages
- 189 x 246 x 30mm | 1,025g
- 13 Sep 2013
- Illustrations, black and white