Is fraudulent representation admissible in support of a cause of action for money had and received?
California, United States of America
The following excerpt is from City Bank of San Diego v. Ramage, 266 Cal.App.2d 570, 72 Cal.Rptr. 273 (Cal. App. 1968):
'(T)he common-law action for money had and received will lie to recover money obtained by fraud, misrepresentation, duress, undue influence, and mistake of fact.' (Firpo v. Pacific Mut. Life Ins. Co., 80 Cal.App. 122, 125, 251 P. 657, 658.)
Evidence of fraudulent representation is admissible in support of a cause of action for money had and received. (Firpo v. Pacific Mut. Life Ins. Co., 80 Cal.App. 122, 125, 251 P. 657).
A fortiori, such evidence might be admitted where the fraudulent acts have been pleaded.
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