What is the test for an action for money had and received?
Saskatchewan, Canada
The following excerpt is from Haubrich v. Keefner, 1922 CanLII 189 (SK CA):
These facts do not, in my opinion, support an action for money had and received. There is another general rule which may be thus stated, that where there is a voluntary payment of money it cannot be recovered back. [Per Fry, L.J., in Kearley v. Thomson, 24 Q.B.D. 742, 59 L.J.Q.B. 288.]
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