1788-12-04 (static/transcriptions/1788/12/182.jpg)

One of the Maxims establd by K.B. in Moses v Marforlane, is that in an action on the case for money had & recd (To which this suit is similar) “Deft may defend himself by everything which Shews that the Plf aquo & bons is not entitled to the whole of his demand, or to any part of it.” 2 Burrows 1000.

On the other hand if Plf can shew that tho he is not entitled to the whole, he is entitled to part, he must recover that part.