Does an action for money had and received lie to recover back money paid for the release of a cattle damage feasant?

Saskatchewan, Canada


The following excerpt is from Campbell v. Halverson, 1919 CanLII 200 (SK CA):

In Lindon v. Hooper (1776) Cowp. 414 (98 E.R. 1160) it was held that an action for money had and received does not lie to recover back money paid for the release of cattle damage feasant, though the distress were wrongful. The ground of this decision appears to be that, according to the forms of pleading then existing, the claim would be simply for moneys had and received and this would not give the defendant any information as to the case he might be called upon to meet at the trial.

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