2 Yeates 216
Decided May 15, 1797
Supreme Court of Pennsylvania · decided 1797-05-15
The plaintiff declared, that “ the said John Henderson in his life time, on the 30th day of may 1788, at the county of Westmoreland aforsaid, acknowledged himself to have received from the said John Young a land warrant for 10,000 -acres of land, and sundry surveys of land in the state of Virginia, which he was to get surveyed for him as soon as possible, agreeable to instructions received, and to remit him as soon as possible, and that he the said John Henderson having so…
Decided 1797-05-15
¶1The defendant’s counsel objected, that on this declaration the plaintiff was not entitled to recover. The receiving of the land warrants and surveys was not a consideration to raise a debt or promise. General indebitatus assumpsit will lie only where debt lies. Here the remedy should have been by special assumpsit, as in the case of the recovery of money won at play. 6 Mod. 128, 129. 12 Mod. 69.
¶2The court declaring the same opinion, the plaintiff suffered a nonsuit