Reports of Cases Argued And Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith, Great Britain. Court of Exchequer Chamber

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Ekless, 5 H. & N. 925.t And the same rule holds although the agent has not actually paid the money to the prin- cipal, — it is enough if the agent has altered his position, on the faith of being allowed credit for the nioney : Skyring v. Greenwood, 4 B. 4; C. 281 (E. C. L. E. vol. 10). Here the agent has actually transmitted to the principal part of the money; some more has been allowed in account between them ; and the residue has, with the consent of the principal, been appropriated by the ag...ent in part liquidation of a debt incurred by the agent in bringing an action for the principal. It makes no aifference whether the plaintiff knew that the defendant was an agent or not ; but, if that point is material, the evidence shows that he *did know it. All this is in accordance with the principle rtAoq laid down by Lord Mansfield in Moses v. Macferlan, 2 Burr. ^ 1005, 1012, that the action for money had and received "lies only for money which, ex aequo et bono, the defendant ought to refund." Bovill and Honyman, in support of the rule.

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