The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

For what things Account lieth against a Receiver.

A. delivers three tuns of Wine to B. to sell, he shall have an Account against him for them; but then he ought to count of the receipt of every sum received of every several man, 43 Edw. 3.21. pl. 11. 46 Edw. 3.3. pl. 6. 46 Edw. 3.9. pl. 4. Hill. 43 Eliz. Com. Ban. Rot. 1707. Tresham against Ford. A indebted to B, and C indebted to B. A sends mo∣ney to B by his Servant, which accepts of it for the debt of C, and not for the debt of A; yet A shall have an Account against B, because he cannot accept of this in any other manner than the o∣ther tendered it, which was, to satisfie his own debt.

If one receive money to my use he shall account for it, Nat. br. 117. q. 6 Hen. 4.7. pl. 33. Q. if he receive it against my will or consent.

So if A deliver money to B, to deliver to me, Nat. 117. g. 13 H. 4. pl. 1. Hankeford, Nat. 138. A. I shall have an account, for it was delivered for my benefit: Q. if A shall not have an account.

He which ought to pay me an Annuity, pays this to another to pay me, or if my Tenant pay it

to another to pay me, I shall have an account against him that received it, or I may charge my Tenant notwithstanding the delivery of it, so not a double remedy, 6 Hen. 4.8. pl. 33.

A delivers Money to B beyond the Sea to be paid in England, he shall account for it to A, be∣cause the payment was to be made in England, and that was the ground of the delivery of it. Nat. br. 118. G. 41 Edw. 3.3.

Money delivered to one upon the performing of a Condition, if the condition be not perform∣ed the money to be re-delivered, he shall account, Nat. br. 118. G. 41 Edw. 3.10. 18 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6.39. pl. 31. for the Condition implies an Account, if not performed.

A leases Tithes to B rendring Rent: A being indebted to C, assigns B to pay this. No account lieth for this, 5 Edw. 4.140, 141. for if it be not paid A may have his Action for the Rent, and B is not a Receiver in this case.

If goods be devised to the King, account lieth for them, Coke 11. part 9. A. Devoushers case. For the King may use what Action he will to recover his right, and no injustice is done to any by this Prerogative.

If one take goods of the Crown, and claim them as his own proper goods, yet he shall ac∣count for them, Coke 11. part. 90. A. 33 Hen. 8.2. 35 Hen. 6.27. B. 18 Eliz. Dyer. 249. pl. 83. For such taking doth not devest them out of the Crown; for though he may have right, yet such taking is not the proper way to recover them.