Moses v Macferlan: 1760

References: (1760) 2 Burr 1005
An action for money had and received will only lie where it is inequitable for the defendant to retain the money.
This case is cited by:

  • Cited – Lipkin Gorman (a Firm) -v- Karpnale Ltd HL ([1991] 2 AC 548, Bailii, [1988] UKHL 12, [1991] 3 WLR 10)
    The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
  • Cited – Sempra Metals Ltd -v- Inland Revenue Commissioners and Another HL (Bailii, [2007] UKHL 34, [2007] 3 WLR 354, Times 25-Jul-07, [2008] 1 AC 561, [2008] Eu LR 1, [2007] 4 All ER 657, [2007] STC 1559, [2007] BTC 509, [2008] Bus LR 49, [2007] All ER (D) 294, 151 Sol Jo 985)
    The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .

(This list may be incomplete)
Last Update: 08-Jan-16 Ref: 259527