Money Paid

Money Paid

The technical name given a declaration in Assumpsit in which the plaintiff declares that the defendant had and received certain money. A Common-Law Pleading, stating that the defendant received money that, in Equity and good conscience, should be paid to the plaintiff.

See: collection, payment

MONEY PAID. When one advances money for the benefit of another with his consent, or at his express request, although he be not benefited by the transaction, the creditor may recover the money in an action of assumpsit declaring for money paid for the defendant. 5 S. & R. 9. But one cannot by a voluntary payment of another's debt make himself creditor of that other. 1 Const. R. 472; 1 Gill. & John. 497; 5 Cowen, 603; 10 John. 361; 14 John. 87; 2 Root, 84; 2 Stow. 500; 4 N. H. Rep. 138; 3 John. 434; 8 John. 436; 1 South. 150.
     2. Assumpsit for money paid will not lie where property, not money, has been paid or received. 7 S. & R. 246; 8 Bibb, 378; 14 S. & R. 179; 10 S. & R. 75; 7 J. J. Marsh. 18. But see 7 Cowen, 662.
     3. But where money has been paid to the defendant either for a just, legal or equitable claim, although it could not have been enforced at law, it cannot be recovered as money paid. See Money had and received.
     4. The form of declaring is for "money paid by the plaintiff, for the use of the defendant and at his request." 1 M. & W. 511.

References in classic literature ?
No, no, senor," replied Sancho; "it shall never be said of me, 'The money paid, the arms broken;' go back a little further, your worship, and let me give myself at any rate a thousand lashes more; for in a couple of bouts like this we shall have finished off the lot, and there will be even cloth to spare.
At Blois, D'Artagnan received the money paid to him by Mazarin for any future service he might render the cardinal.
Nixon replied that, since the Charter, men were going into it who had been to public schools and a university; moreover, if Philip disliked the work and after a year wished to leave, Herbert Carter, for that was the accountant's name, would return half the money paid for the articles.
So I got #50 in money paid me that same night, and made an end of the bargain; nor did he ever know who I was, or where to inquire for me, so that if it had been discovered that part of the goods were embezzled, he could have made no challenge upon me for it.
it can't be true--she spoke of enormous sums of money paid to this woman.
It will be by money paid for with hunger, by knowledge stolen from sleep, by thoughts communicated under the shadow of the gallows
pocketed at least a third of the money paid by Russian peasants to their lords in the days of serfdom.
In May 2015 a statement by Finance Minister Mehmet E[currency]imE-ek that money paid for official cars is "not even peanuts" in the context of the Turkish economy drew the ire of the opposition, which accused the government of "reckless waste.
Almost PS26million is missing from investor money paid into a supposed biofuel project.
Proposalshave been made to increase the amount of blood money paid to families of victims who have died in crimes or accidents.
Deposits and Guarantees required: Guarantee for participation in the procedure - a sum of money paid into the bank account of the University Hospital "St.
Now, because all of this "extra" money made through less-thanlegal enterprises, the EU had to recalculate all the money paid in from 2002-2012.