Moses v Macferlan

Moses v Macferlan
Lord Mansfield
CourtCourt of King's Bench
Decided19 May 1760
Citation(1760) 2 Bur 1005; 97 ER 676; [1558–1774] All ER Rep 581
TranscriptAvailable here
Court membership
Judge sittingLord Mansfield
Keywords
Law of restitution, Money had and received, Assumpsit

Moses v Macferlan (1760) 2 Bur 1005 is a foundational case in the law of restitution holding that in certain circumstances such as when money is paid by mistake, for failed consideration or under oppression; the law will allow the money to be recovered.


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