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.").
however, might bring an action of debt (or later, indebitatus assumpsit)
indebitatus assumpsit as prima facie evidence of a debt or implied
Brewster, a colonial Massachusetts decision, a doctor's executor brought a contract action for "a long Doctor's Bill for Medicines, Travel into the Country and Attendance." (168) The patient said the action lay in quantum meruit, not indebitatus assumpsit, because the parties had not set an exact sum.
357, 358 (K.B.) (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.
could not." (125) Yet they could not adjudge "for the [plaintiff] upon this Decl[aration]." (126) He ultimately decided that because the court gave a judgment "substantially right in law," he could "not say it ought to be reversed." (127) In other cases, the county court permitted defective pleadings in indebitatus assumpsit, a common action for the recovery of debts arising from everyday transactions such as goods sold and delivered, work done, money lent, and money due by account.