indebitatus assumpsit

The action, brought to recover a tax erroneously paid, although an action at law, is equitable in its function. It is the lineal successor of the common count in indebitatus assumpsit for money had and received. Originally an action for the recovery of debt, favored because more convenient and flexible than the common law action of debt, it has been gradually expanded as a medium for recovery upon every form of quasi-contractual obligation in which the duty to pay money is imposed by law, independently of contract, express or implied in fact.

Lat. Being indebted, he promised or undertook. This is the name of that form of the action of assumpsit in which the declaration alleges a debt or obligation to be due from the defendant, and then avers that, in consideration thereof, he promised to pay or discharge the same.

Defined under Indebitatus in Black's Law Dictionary.

Lat. Being indebted, he promised or undertook. This is the name of that form of theaction of assumpsit in which the declaration alleges z debt or obligation to be due from the defendant, and then avers that, in consideration thereof, he promised to pay or diseharge the same,

I. Being indebted, he undertook, v. Assumpsit. Indebitatus nunquam: never indebted.

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.