Nutter v. Miller

Decided December 16, 1873

Court of Appeals of Kentucky · decided 1873-12-16

Money Received — Implied! Assumpsit. Where one collects money without right, the law implies a promise to repay it. Interest — Time of Allowance. A demand for money unlawfully collected not being necessary, . interest should be allowed from the time the money was collected.

Decided 1873-12-16

¶1Opinion by

Judge Pryor:

¶2This action is for the recovery of a specific and certain sum of money, with interest alleged to have been collected by appellant without right, on claims or accounts belonging to the appellee.

¶3Having thus collected the money, the law implies the promise to pay. No proof was necessary, as the amount collected was specifically stated, and the law implies the promise. No> demand was necessary, and therefore interest should have been allowed from the time the money was collected.

¶4Judgment affirmed.