indebitatus assumpsit

indebitatus assumpsit

see ASSUMPSIT.

INDEBITATUS ASSUMPSIT, remedies, pleadings. That species of action of assumpsit, in which the plaintiff alleges in his declaration, first a debt, and then a promise in consideration of the debt, that the defendant, being indebted, he promised the plaintiff to pay him. The promise so laid is, generally, an implied one only. Vide 1 Chit. Pl. 334; Steph. Pl. 318; Yelv. 21; 4 Co. 92 b. For the history of this form of action, see 3 Reeves' Hist. Com. Law; 2 Comyn on Contr. 549 to 556; 1 H. Bl. 550, 551; 3 Black Com. 154; Yelv. 70. Vide Pactum Constituae Pecuniae.

References in periodicals archive ?
Therefore, pleading in indebitatus assumpsit rather than tort would result in payment of the defendant's ill-gotten gains to the plaintiff as if those gains were owed to the plaintiff as a debt.
Before the abolition of the forms of action, much of unjust enrichment was pleaded through indebitatus assumpsit, which was also used to enforce a great deal of what we would now call contract law.
at 271 ("It is a statutory liability, quasi-contractual in nature, enforceable, if there is no exclusive statutory remedy, in the civil courts by the common law action of debt or indebitatus assumpsit.
168) The patient said the action lay in quantum meruit, not indebitatus assumpsit, because the parties had not set an exact sum.
holding that the inferior court lacked jurisdiction because, in an indebitatus assumpsit action to recover for the defendant's use of the plaintiff's pond to wash horses, the plaintiff failed to allege that the pond was within the court's jurisdiction); Stanyon v.