Lamine v. Dorrell

92 Eng. Rep. 303 (1705)


Lamine (P) sued on indebitatus assumpsit for money received by Dorrell (D). D pretended to be an administrator for the estate of J.S. J.S. died intestate and possessed Irish debentures. D obtained the debentures for the estate and disposed of them. D's administration was repealed, and it was then granted to P. P sued D for the money for which he sold the debentures. D objected; he sold the debentures as a party that claimed a title and interest in them. It could not be said that D had received the money for the use of P. An action in assumpsit implies the receipt of money for the use of the plaintiff. Here, D intended the sale for his own use. P should have brought an action in trover or detinue.