Topic: the gist of the money had and received action is, that the … · Go Syfert
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Topic #23115

6 canonical passages across 6 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State Ex Rel. Employment Security Board v. Rucker.

#Case FlagCanonical passage Citers
1 State Ex Rel. Employment Security Board v. Rucker Anchor
md · 1956
green “the gist of the money had and received action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.” 3
2 Galola v. Snyder
md · 1992
green “even if the lease were unenforceable by the landlords, the tenants have received everything that they bargained for, and a necessary element justifying the remedy of restitution, i.e., unjust enrichment, is lacking.” 3
3 McDaniel v. Baranowski
md · 2011
green “possess a current license to operate the premises . . . if the dwelling is located in a jurisdiction that requires owners to obtain such licenses,” 3
4 Callahan v. Linthicum
md · 1875
green “money had and received, is an equitable action . . . and the plaintiff, in support of it, can resort to all equitable circumstances incident to his case.” 3
5 Baker v. Montgomery County
md · 2012
green “consistent with the underlying purposes of the legislative scheme.” 3
6 Bourgeois v. Live Nation Entertainment, Inc.
md · 2013
green “money obtained by fraud or false pretenses, paid upon an unexecuted illegal contract, or, in certain circumstances, paid under an executed illegal contract.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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