Indebitatus Assumpsit
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
remedies, pleadings, is that species of action of assumpsit, in which the plaintiff alleges m 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 Reeve’s Hist. Com. Law; 2 Comyn on Contr. 549 to 556; 1 H. Bl. 550, 551; 3; a Bl. Com. 154; Yelv. 70.