Money Demand

A demand which Is certain beforehand, or ascertainable by calculation.

A claim for a mixed amount of money, contradistinguished from damages. tlott In assumpsit, wherein the plaintiff de- <dares that the defendant had and received certain money, etc. An action of assumpsit will lie on a count for money had and received, to recover money to which the plaintiff is entitled, and which in justice and equity, when no rule of policy or strict law prevents it, the defendant ought to refund to the plaintiff, and which he cannot with a good conscience retain; Tevis v. Brown’s Adm’r, 3 J. J. Marsh. (Ky.) 175; Rice v. Porter’s Adm’rs, 16 N. J. L. 447; Wiseman v. Lyman, 7 Mass. 288; see Mason v. Prendergast, 120 N. Y. 536, 24 N. B. 806; Wild v. Fry, 45 111. App. 276. When the money has been received by the defendant in consequence of some tortious act to the plaintiff’s property, as when he. cut down the plaintiff’s timber and sold it, the plaintiff may waive the tort and sue In assumpsit for money had and received; Whltwell V. Vincent, 4 Hck. (Mass.) 452, 16 Am. Dec, 355; Pritchard v. Ford, 1 J. J. Marsh. (Ky.) 643; Wlllet v. Willet, 3 Watts (Pa.) 277. In general, the action for money had and received lies only where money has been received by the defendant; Doebler v. Fisher, 14 S. & R. (Pa.) 179; National Trust Co. of City of N. Y. V. Gleason, 77 N. Y. 400, 33 Am. Rep. 632. But bank-notes or any other property received jta money will be considered for this purpose as money; Floyd v. Day, 3 Mass. 405, 3 Am. Dec..171; Mason v. Waite, 17 Mass. 660; Vermont State Bank V. Stoddard, Brayt. (Vt) 24. See Witherup V. Hill, 9 S. & R. (Pa.) 11. Mdney paid under an Illegal contract which has been partially carried into effect cannot be recovered back; L. R. 24 Q. B. Div. 742. No privity of contract between the parties is required in order to support this action, except that which results from the fact of one man’s having the money of another which he cannot conscientiously retain; Mason v. Waite, 17 Mass. 563; Hall v. Marston, id. 679. See Rapalje v. Emory, 2 Dali. (U. S.) 64, 1 L. Ed. 285; Eagle Bank of New Haven v. Smith, 5 Conn. 71, 13 Am. Dec. 37; Moore v, Moore, 127 Mass, 22. ' See Quasi Contracts,

A claim for a fixed and liquidated amount of money, or for a sum which can be ascertained by mere calculation; in this sense, distinguished from a claim which must be passed upon and liquidated by a jury, called "damages." Roberts v. Nodwift, 8 Ind. 341; Mills v. Long, 58 Ala. 460.

Defined under Money in Black's Law Dictionary.

Aciaim fora fixed and liquidated amount of money, or for a sum which ean be ascertained by mere calculation; in this sense, distinguished from a claim: which must be passed upon and liquidated by a jury, called “damages.”