LAMINE V. DORRELL
92 Eng. Rep. 303 (1705)
NATURE OF THE CASE: This was an action for indebitatus assumpsit.
FACTS: 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administration was repealed, and it was then granted to P. P sued D for the money for which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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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