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Topic: Assumpsit

	Bouvier
		An express assumpsit is where one undertakes verbally or in writing, not under seal, or by matter of record, to perform an act, or to pay a sum of money to another.
		ASSUMPSIT, remedies, practice., A form of action which may be defined to be an action for the recovery of damages for the non-performance of, a parol or simple contract; or, in other words, a contract not under seal, nor of record; circumstances which distinguish this remedy from others.
		Assumpsit lies to recover damages for the breach of all parol or simple contracts, whether written or not written express or implied; for the payment of money, or for the performance or omission of any other act.
	www.jusbelli.com /Bouvier/bouvier1856_assize.html (2274 words)

	Oregon Judicial Department Appellate Court Opinions
		Plaintiff counters that its claim in assumpsit is based on the unjust enrichment that defendants received as the result of their violation of the restrictive covenant and that, therefore, their allegations state a legally cognizable claim.
		Moreover, holding that a claim for assumpsit does not lie on the facts alleged by plaintiff is consistent with the measure of damages applicable to other kinds of cases involving interference with restrictive covenants.
		Although plaintiff's underlying tort claim pertained to the violation of the restrictive covenant, it is important to understand that the violation of that covenant is not the thing that plaintiff alleges was taken by defendants.
	www.publications.ojd.state.or.us /A118541.htm (2657 words)

	"Assumpsit" Defined & Explained
		An express assumpsit is where one undertakes verbally or in writing, not under seal, or by matter of record, to perform an act, or to pa a sum of money to another.
		A form of action which may be defined to be an action for the recovery of damages for the non-performance of, a parol or simple contract; or, in other words, a contract not under seal, nor of record; circumstances which distinguish this remedy from others.
		Assumpsit lies to recover the purchase money for land sold; and it lies, specially, upon wagers; upon foreign judgments; But it will not lie on a judgment obtained in a sister state.
	www.lectlaw.com /def/a217.htm (512 words)

	Taylor Soper v. Linda Purdy (Site not responding. Last check: 2007-11-02)
		The defendant argued that the assumpsit action was barred by the applicable statute of limitations, see RSA 508:4 (1997), and that the quantum meruit claim was barred by the doctrine of laches, see generally In re Estate of Laura, 141 N.H. 628, 635, 690 A.2d 1011, 1016 (1997).
		The court reasoned, therefore, that because the plaintiff filed the assumpsit claim approximately seven years after the debt became due, the claim was barred by the three-year statute of limitations.
		That determination, however, was made after the superior court already had ruled that the plaintiff's assumpsit claim was barred by the applicable statute of limitations and that the second sales agreement was not a reaffirmation of the defendant's debt.
	www.courts.state.nh.us /supreme/opinions/1999/soper.htm (1413 words)

	Quantum meruit - Wikipedia, the free encyclopedia
		When a person employs (impliedly or expressly) another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as he may deserve or merit.
		When there is an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a quantum meruit on an implied assumpsit.
		A court determines that the promoter is entitled to an assumpsit on a quantum meruit.
	en.wikipedia.org /wiki/Quantum_meruit (599 words)

	Dr Clarence Balan (Site not responding. Last check: 2007-11-02)
		When assumpsit expanded to encompass actions of covenant and debt, the interest-based and the benefit-based rules developed in the earlier actions was absorbed into the doctrine of consideration.
		An assumpsit to the servant for the master is good to the master: an assumpsit by appointment of the master of the servant shall bind the master, and is his assumpsit.
		The reference by Lord Parker to “assumpsits” leaves little doubt that the rule that was adopted in the Courts of Chancery was modeled on the rule that had been established in common law.
	www.stclements.edu /gradbala.htm (20259 words)

	Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221
		assumpsit (for breach of a fictional promise to pay that amount) it is clearly not on the contract.
		assumpsit – it is the equivalent of an
		assumpsit, where the action was for breach of a promise to perform the terms of an agreement, ultimately developing into modern contract law.
	law2.biz.uwa.edu.au /lproksch/Cases/Pavey.htm (4653 words)

	Oregon Judicial Department Appellate Court Opinions
		We further concluded that all of plaintiff's assignments of error on cross-appeal, which we determined pertained to the measure of damages sought by plaintiff, were therefore moot.
		Plaintiff, however, argues on reconsideration that assumpsit does not, in fact, require the conversion of tangible property in addition to interference with the restrictive covenant.
		In sum, plaintiff's interest in the restrictive covenant, however couched by plaintiff, is merely an intangible, nonpossessory interest, and a claim in assumpsit has not been recognized in Oregon for an interference with or breach of that type of interest.
	www.publications.ojd.state.or.us /A118541A.htm (1244 words)

	Leslie v. Estate of Tavares (Site not responding. Last check: 2007-11-02)
		With Hawaii's adoption of modern rules of civil procedure, the statute became difficult to apply because, given the new "notice pleading," it was no longer necessary to plead legal theories with the same precision.
		"Assumpsit is a common law form of action which allows for the recovery of damages for the non-performance of a contract, either express or implied, written or verbal, as well as quasi contractual obligations." Schulz v.
		Where there is doubt as to whether an action is in assumpsit or in tort, there is a presumption that the suit is in assumpsit.
	www.hawaii.gov /jud/21693.htm (2928 words)

	Personal Injury Cases- Blair v. Ing (Request for Attorney's Fees and Expenses)
		Accordingly, because Thayer prevailed in the action that was in the nature of assumpsit, he is entitled to reasonable attorneys' fees, as determined by this court, to be taxed against Plaintiffs, the losing party.
		in all actions of assumpsit there shall be taxed as attorneys' fees, in addition to the attorneys' fees otherwise taxable by law, to be paid by the losing party and to be included in the sum for which execution may issue.
		Based on the foregoing, Plaintiffs' assertion that Thayer's position at trial was inconsistent with his position on appeal is irrelevant to whether this action is "in the nature of assumpsit." Rather, this court must examine the complaint to determine the character of the action.
	www.hawaii-injury-lawyer-attorney.com /cases/accidentlawyerhawaiicases002.html (4071 words)

	Duely and Constantly Kept
		The action of assumpsit was an offshoot of the action of trespass on the case.
		Assumpsit was founded upon a breach of an express or implied contract or undertaking to pay money or perform an act for a valuable consideration.
		Assumpsit was the ordinary form of action to recover money due for goods or services, or to recover money loaned.
	www.courts.state.ny.us /history/elecbook/duely/pg53.htm (893 words)

	Hawkins v. McGee
		Defendant's motions for a nonsuit and for a directed verdict on the count in assumpsit were denied, and the defendant excepted.
		During the argument of plaintiff's counsel to the jury, the defendant claimed certain exceptions, and also excepted to the denial of his requests for instructions and to the charge of the court upon the question of damages, as more fully appears in the opinion.
		The evidence would have justified a verdict for an amount sufficient to cover the cost of such an operation, even if the theory underlying this request were correct.
	www.law.pitt.edu /madison/contracts/supplement/hawkins_v_mcgee.htm (1028 words)

	Restitution: Chapter I, Section 9 (Site not responding. Last check: 2007-11-02)
		A main inducement, originally, for encouraging actions of assumpsit was, ``to take away the wager of law:'' and that might give rise to loose expressions, as if the action was confined to cases only where that reason held.
		This species of assumpsit (``for money had and received to the plaintiff's use,'') lies in numberless instances, for money the defendant has received from a third person; which he claims title to, in opposition to the plaintiff's right; and which he had, by law, authority to receive from such third person.
		It held that an action of indebitatus assumpsit could be brought in most cases where debt could be brought, thus allowing the plaintiff to elect between the two writs.
	samsara.law.cwru.edu /restitution/cb_html/c1s9.html (2043 words)

	Philpott v. Superior Court (1934) 1 C2d 512
		That is, it is a case where the plaintiff has not elected to sue for damages, general or special or both, which he may have suffered from the tort inflicted upon him by defendants; likewise it is not a case where the plaintiff is seeking the application of equitable remedies to redress his grievances.
		We have seen that it became the contractual action of the common law; and that its clear separation from the delictual actions was marked by the decision, arrived at in the sixteenth century, that the maxim actio personalis moritur cum persona did not, as a rule, apply to it.
		But though assumpsit thus retained certain of its delictual characteristics, though in its application to the law of quasi-contract it acquired certain proprietary characteristics, its contractual quality was always its most distinct feature.
	online.ceb.com /CalCases/C2/1C2d512.htm (3595 words)

	D.A. Caldwell v. Peoples Bank of Sanford (Florida 05/25/1917)
		This court has held that an action of assumpsit and an ancillary attachment are so far severable that on writ of error the judgment may be affirmed as to the former, and reversed as to the latter.
		Under the provisions of this Act this court may decline to disturb the judgment in the main action, that is the action of assumpsit upon the notes, and reverse the judgment in the attachment proceedings.
		The judgment in the action of assumpsit upon the notes is hereby affirmed, and the judgment in the attachment proceedings is hereby reversed.
	www.assetprotectionbook.com /1917_FL_40186.htm (3138 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		The philosophy of indebitatus assumpsit is, indeed, not wholly foreign to admiralty.
		It is sufficient this day to hold that admiralty has jurisdiction, even where the libel reads like indebitatus assumpsit at common law, provided that the unjust enrichment arose as a result of the breach of a maritime contract.
		The judgment is reversed and the case is remanded to the Court of Appeals for proceedings in conformity with this opinion.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=350&invol=532 (1301 words)

	law.com - Decision
		According to legal historians, assumpsit was developed to redress circumstances involving unjust enrichment or to "prevent a man from retaining the money of, or some benefit derived from, another which it is against conscience that he should keep." 1 Chitty on Contracts Ch.
		Some of them were known as indebitatus assumpsit, quantum meruit, quantum valebant, and insimul computassent.
		fn2 Long ago, it was recognized that either a claim of restitution or assumpsit* was available to one attempting to recoup property stolen from him and sold to innocent third-parties.
	www.law.com /jsp/decisionstate.jsp?id=1023826487018 (3789 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		Note, comments may take some time to be approved.
		Assumpsit was the word always used in pleadings by the plaintiff to set forth the defendant's undertaking or promise, hence the name of the action.
		Assumpsit as a form of action became obsolete after the passing of the Judicature Acts 1873 and 1875.
	encyclopedia.jrank.org /correction/edit?locale=en&content_id=5154 (146 words)

	NE Law Express (Site not responding. Last check: 2007-11-02)
		Here the Supreme Court determined that the tort and assumpsit causes of action for such a case are contrary to public policy, and reversed.
		The Court concluded that Robert's fraud and assumpsit causes of action are contrary to public policy.
		As the Court read his petition, Robert's fraud and assumpsit claims are for Robin's misrepresentation that led Robert to make investments of time, emotion, and money in Adam that he would not have made had he known that Adam was not his biological son.
	www.nebar.com /resources/nelawexpress/scjournals/2002sc/scnov22.htm (6889 words)

	[No title]
		When a person by this pact promises his own creditor to pay him, there arises a new obligation which does not destroy the former by which he was already bound, but which is accessory to it; and by this multiplicity of obligations the right of the creditor is strengthened.
		The pactum constitutae pecuniae was a promise to pay a subsisting debt whether natural or civil; made in such a manner as not to extinguish the preceding debt, and introduced by the praetor to obviate some formal difficulties.
		The action of indebitatus assumpsit was brought upon a promise for the payment of a debt, it was not subject to the wager of law and other technical difficulties of the regular action of debt; but by such promise, the right to the action of debt was not extinguished nor varied.
	www.constitution.org /bouv/bouvierp.txt (13402 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		ASSUMPSIT --------- Watkins' Case (1425) Common Pleas p402 ------------- Defendant didn't make the mill that he had promised to make for the plaintiff.
		Under special assumpsit, the theory was to put the plaintiff in as good a position as he would have been in had the contract been performed as contemplated.
		Special assumpsit comprehends executory contracts (those that are yet to be completed).
	www.nlbbs.com /~cboldt/civ-pro2 (3892 words)

	McCall v. Superior Court (1934) 1 C2d 527
		The second count declared upon a failure of consideration in that defendants failed to honor certain covenants respecting the planting, cultivating and caring for said grove of grapefruit trees planted by defendants on said land during the time it was held under lease by them as a part of the original transaction.
		But in assumpsit, where the tort is waived, the sum sued for is the benefit unjustly retained by the defendant; not the damage to the plaintiff, usually more uncertain in amount.
		[3] The action in assumpsit in such cases is not upon the failure of consideration or upon the fraud practiced but upon the promise or obligation set up by the law to afford the injured party additional relief.
	online.ceb.com /calcases/C2/1C2d527.htm (3772 words)

	Tex. Att'y Gen. Op. No. JC-0153 (1999) -- John Cornyn Administration
		If a person writes something such as "forced to sign under duress" or "non assumpsit to the contents of this document" beneath his signature on a document that is supposed to be an offer, the offeror appears to be saying that he does not agree to the terms of his own offer.
		If a person writes something such as "forced to sign under duress" or "non assumpsit to the contents of this document" beneath his signature on a document offered to him, it could be argued that the person qualified the terms of the offer and thus indicated that he did not accept it.
		As a general rule, however, these words may indicate that the person signing has not agreed to the terms of the document, and consequently that there has been no "meeting of the minds" that is necessary to form a binding agreement.
	www.oag.state.tx.us /opinions/op49cornyn/jc-0153.htm (1435 words)

	NESARA, Deliveries, 9/11 Truth
		It's UNnecessary to use the Non Assumpsit clause to sign for your DELIVERY; a normal signature is all you need to do.
		Someone gave out the WRONG advice about being able to use only the words "Non Assumpsit" and the wrong info that all the words mean the same thing.
		This MISTAKEN opinion that you could just use the two words "Non Assumpsit" was in an email I saw from Starla.
	www.white-knights911.com /Dove/edove054.htm (829 words)

	Mail Box Deliveries, Signing Documents, Non Assumpsit
		Regarding the Non Assumpsit clause, I checked with someone who had been advised by a Constitutional lawyer on the use of the Non Assumpsit clause.
		My research also indicates that it is okay to use a stamp to insert the clause on documents as long as you stamp all copies and use blue ink which shows it is something you added to the document.
		"Non assumpsit" is the general issue in assumpsit, whether special or general, and is in effect a formal denial of liability on the promise or contract alleged.
	www.white-knights911.com /Dove/edove051.htm (1407 words)

	Restitution: Chapter I, Section 6 (Site not responding. Last check: 2007-11-02)
		This sort of assumpsit action, where there was no real assumpsit (or undertaking), came to be known as `indebitatus assumpsit' (or `general assumpsit'), as opposed to `special assumpsit,' the action for breach of contract.
		Later on there will be a rather old fashioned section giving actual examples of the writs as they developed over the centuries--it was not until recently, after all, that those in training to become common lawyers studied abstractions like tort, or contract, or even property, rather than the substantive law associated with the individual writs.
		Since it is generally--although perhaps inaccurately--believed that the action of indebitatus assumpsit (which is descended from case) can be brought wherever debt (which is one of the old praecepi actions with all their procedural disadvantages) could be brought, it is hard to find modern cases expressly sounding in debt.
	samsara.law.cwru.edu /restitution/cb_html/c1s6.html (2990 words)

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