References: [1842] EngR 804, (1842) 3 QB 568, (1842) 114 ER 625
Links: Commonlii
Intestate granted an annuity to plaintiff. After his death, his administratix caused the annuity to be vacated for a defect in the memorial Plaintff to recover the balance of consideration money, brought indebitatus assumpsit against the admiriistratrix for money had and received by the intestate to plaintiff’s use, stating promises by intestate and by defendant. Held that, although a right to recover the consideration money became vested in plaintiff on the refusal to continue the annuity, such right did not go back, by relation, to the time when that money was originally paid : and therefore counts in the above forms were not applicable.
