Mills v. Bailey

The only question in this case arises on an exception to the admissibility of certain evidence. Bailey brought an action of assumpsit for money had and received against Mills, administrator of Sallie J. Bailey. The principles of the action for money had and received have been well established ever since the origin of the action. It lies to recover money in the possession of the defendant which in justice and conscience belongs to the plaintiff. The uniform language of the law has been that where ex aequo et bono money ought to be paid, a promise to pay it will be implied, and this implied…