Court case(1760) 2 Burr 1005

Jacob gave Moses four promissory notes of 30 shillings each. Moses endorsed them to Macferlan under a written agreement that Macferlan would not hold Moses liable on his endorsement. Macferlan nevertheless sued Moses on the endorsements in the Court of Conscience, which refused to look at the agreement, and recovered the amount. Moses then sued Macferlan in the King's Bench for money had and received to his use.

Lord Mansfield held that the action lay. The gist of the action for money had and received is that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money. It lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition, extortion or oppression, or an undue advantage taken of the plaintiff's situation.