U.S. Circuit Court for the Dis...1827Check Treatment
Ceanch, C. J.,
thought that as this was an action for money
had and received, which is an equitable action, the plaintiff must show that ex cequo et bono, he was entitled to get back the money ; but as he had received an assignment of the judgment at the time of paying the money to Riggs, (which was a valuable consideration,) and still held that assignment, Riggs, who had lawfully received the money, had a right to retain it; especially as McDaniel was still bound as special bail.
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