Guthrie v. Hyatt

1 Del. 446

Opinion

The Court

construed the paper as an acknowledgment of money received by the deft, for his own use; but they said, additionally, that if it had been merely deposited in his hands to loan out for the plff. she might recover it back under the proof in this cause. The action of assumpsit has been likened to a bill in equity. Wherever a man has in his hands money belonging to another which he cannot equitably retain and he either promises or the law can raise an implied promise to pay it, it may be recovered in this form of action. The deft, here acknowledges the receipt of money belonging to Mrs. Guthrie, and if you please to loan out for her, he still retains it in his hands, or he has shown no other investment of it; and when called on he promises to pay it repeatedly. Assumpsit will well lie in such a case. Verdict and judgment for plff.