Money had and received
Money had and received is the name for a common law action for a claimant to have money returned to him if he had "had" it before, and then was "received" by someone else, without any justification.
The common law recognised this action, however, in relation only to money rather than other property. Other property required an equitable action, where knowing receipt was the remedy.
Case law
- Bingham v. Cabot 3 U.S. 19 (Dall.) (1795)
- Kershaw v Kirkpatrick [1878] UKPC 4
- Sinclair v Brougham [1914] AC 398
- Jackson v Horizon Holidays Ltd [1975] 1 WLR 1468
- Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548
- The Mikhail Lermontov [1990] 1 Lloyd's Rep 579
- Westdeutsche Landesbank Girozentrale v Islington LBC [1996] UKHL 12
- Phillip Collins Ltd v Davis [2000] 3 All ER 808
See also
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- English unjust enrichment