2

tain description: it turns out not to be a navy bill
of that amount, & therefore the money must be [considered?]
bank".

Heath Jr. " I am of the same opinion. If a person
gives a forged bank-note, there is nothing for the
money; it is no payment. In the case of of Cripps v
Reade (6 J R 606), the defendant sold a term [?]-
[?] himself to be the personal representative
of the deceased, without executing any assignments
x x "Ld [Kenyon?] C J said" "the money had been paid
under a mistake, & that the action for money had
and received, would lie to [?] it back."

[Cham?] J - concurred.

Dallas J - "I have no doubt whatever, of the plain-
tiff's right to recuse[?]. The case fall, not only [?]
the general principle - that when a man has paid
more than the thing is eventually with, & the [?]-
duction fails, he may recuse it back, but also
[?] within the [?] authority of [C?]
Reade."

Cripps v Reade 6 TR 606 (RB 1796)- Its
purport has been already stated.

Young v Cole 3 Binglo. N.C. 724 [32 Eng C & R,
302] (CB, 1837).

Plaintiff sold for defendant, from Guatemala bonds
of £ 264 each, defendant being the agent of an undisclo-
sed principal. The bonds required a stamp in order to
make them valid, & that was wanting is those in
question. [?] having paid on the percent to defendt,
was next day called on by the vendor? to refund,
because the bonds wanted the stamp, (of the necessity
for which all the parties had been [pre?] igno-
rant), & be refunded accordingly, & now brought an
[?] [?] defendt for money had & received.

Tindal C. J - "It appears to me that the sum for which
the verdict has been given, is properly called money recd
the defendant to the rise of the plaintiff." "He delivered
money to the defendt in an understanding that the [?]
he had received from the defendt were real Guatemala
bonds, such as were saleable on the Stock exchange.
Seems therefore, that the consideration on which the [?] [?]
[?], money has failed as completely as if the defendant
had contracted to sell foreign [goods?] [? ?]