1777-11-25 (static/transcriptions/1777/11/022.jpg)

1777. Sittings. [Tuesday] Nov. 25.

implication of Law, of receiving it for the use of the payer where there was no good consideration, will not prevail.
Hyde. I think on the second Count the Plaintiff may recover. I do not remember the case of Lady Exeter and therefore till I see it, can not say how far it may go to overset the resolutions of very late date which we all remember, which have extended the construction of that count, very far, much further than it was generally understood before those cases, and now it is understand before those cases, and now it is understood to extend to recover all money which the defendant can not in Justice and Conscience detain from the Plaintiff. I do not know that those cases have been over-ruled by subsequent solemn resolutions, and I take the doctrine of extending this Count to be very beneficial. I therefore think the Plaintiff should go on, and after the Evidence given it may be considered whether it will maintain this Count.
Impey. The Case of Lady Exeter was, a Bailiff received Rent of her Land, and brought this action for money had and received to her use to recover the Money from him: at the Trial it was proved the Bailiff received expressly for another Person, and Mr. Baron Parrat held this would defeat the use implied by the Land
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