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.
There was one step, perhaps, by which he might still win Dunstan's silence and put off the evil day: he might tell his father that he had himself spent the money paid to him by Fowler; and as he had never been guilty of such an offence before, the affair would blow over after a little storming.
At Blois, D'Artagnan received the money paid to him by Mazarin for any future service he might render the cardinal.
Now, this is a pretty sort of thing, isn't it, that you should have been left here, all these years, and no money paid after the first six--nor no notice taken, nor no clue to be got who you belong to?
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.
We wull be buyun' ut," he said, "though we wull be no tellun' a soul of ut ontul ut's bought an' the money paid down.
It is not EU money, it is our money paid to this spineless Government paying to EU PS55 million per day and they pay some of it back to us.