was really worth fuch a particular fum, which the defend¬ 
ant lias omitted to pay. But this valuation of his trouble 
is fubmitted to the determination of a jury; who will all'els 
fuch a fum in damages as they think he really merited. 
This is called an alfumplit on a quantum meruit. There is 
a-lfo an implied alfumplit on a quantum valebat, which is 
very limilar to the former ; being only where one. takes up 
goods or wares of a tradefman, without exprefsly agreeing 
for the price. There the law concludes, that both parties 
did intentionally agree, that the real value of the goods 
fhould be paid ; and an aftion on the cafe may be brought 
accordingly, if the vendee refufes to pay that value. 
Another fpecies of implied alfumplit is, -when one has 
had and received money belonging to another, without any 
valuable confideration given on the receiver’s part ; for 
the law conllrues this to be money had and received for 
the ufe of the owner only ; and implies, that the perfon fo 
receiving promifed and undertook to account for it to the 
true proprietor : and, if he unjuftly detains it, an adlion on 
the cafe lies again!! him for the breach of fuch implied 
promife and undertaking ; and he will be made to repair 
the owner in damages equivalent to what he has detained 
in fuch violation of his promife. This is applicable to 
alm.oft every cafe where the defendant has received money, 
which ex ccqno et bona, he ought to refund, z Burr. \oiz. 
This fpecies of alfumplit lies in numberlefs inllances tor 
money tire defendant has received from a third perfon ; 
which he claims title to, in oppofition to the plaintiff’s 
right, and which he had by law authority to receive from 
fuch third perfon. z Burr. 100S. One great benefit which 
arifes to fuitors from the nature of this action, is, that the 
plaintiff need not ftate the fpecial circumltances, from 
which he concludes, that ex aequo et bona, the money re¬ 
ceived by the defendant ought to be deemed as belong¬ 
ing to him : he may declare generally that the money was 
received to his ufe, and make out his cafe at the trial. 
2 Burr. 1010. This is equally beneficial to the defendant. 
It is the molt favourable way in which lie can be filed : lie 
can be liable no further than the money he has received; 
and againft that may go into every equitable defence upon 
the general rlfue ; he may claim every equitable allowance ; 
he may prove a releafe without pleading it; in fhort, lie 
may defend himfelf by every thing, which flievvs that the 
plaintiff, ex cequo et bono, is not intitled to the whole of 
his demand, or to any part of it. 
This action will lie to recover premiums of infurance 
paid by the infured to the lottery-office-keeper. Cowp. 790. 
But it will not lie to recover back winnings paid by the lot- 
tery-oifice-keeper or infurer of lottery-tickets. 4 Burr. 1984. 
If two perfons engage jointly in a (tock-jobbing tranfa£tion 
and incur lolfes, and employ a broker to pay the differences, 
and one of them repay the broker with the privity and con- 
fent of the other the whole fum, he may recover a moiety 
from the other, in an action for money paid to his ufe. 
3 Term Rep. 418. But in fuch a cafe of an illegal tranfac- 
tion, if one partner pay money for another, without an ex¬ 
press authority, he cannot recover it back. And, gene¬ 
rally, aifumplit for money paid, laid out, and expended, 
will not lie when the money has been paid againit the ex- 
prefs confent of the party for whole ufe it is fuppofed to 
have been paid. 1 Term Rep. 20. 
The plaintiff mult fet forth every thing effential to the 
gilt of the.action, with fuch certainty, that it may appear 
to the court that there were fufncient grounds for the ac¬ 
tion ; for, if any thing material be omitted, it cannot appear 
to the court whether the damages given by the jury were 
in proportion to the demand, or whether the party was at 
all intitled to a vcrdift. And therefore, in an action upon 
the cafe, the plaintiff cannot declare quod cum the defend¬ 
ant was indebted to the plaintiff in Inch a fum, and that 
tlie defendant, in confideration thereof, fuper fe ajfumpfit to 
pay, &c. w ithout (hewing the eaufe of the debt. 10CV. 77. 
If in an affumpfit the plaintiff declares, quod cum there 
were feveral reckonings and accounts between the plaintifF 
and defendant; and at fuch a day, &c. infmul computave- 
A S S 
runt for all debts, reckonings, and demands, and the de¬ 
fendant upon the laid account was found to be in arrear 
the fum of 20I. in confideration whereof the defendant 
promifed to pay, &c. this is a good declaration, without 
(hewing it was pro mercimoniis , or otherwife, w herefore he 
fhould have an account; for an account may be for divers 
caufes, and feveral matters and things may be included 
and coniprifed therein, which in pede computi are reduced 
to a fum certain, and thereupon being indebted to the 
plaintiff, it is fufficient to ground an adion. Cro.Car. 116. 
If in an affumpiit the plaintiff declares, that the defend¬ 
ant did aUlime and promife to pay to the plaintiff fo much 
money, and alfo to carry aw'ay certain wood before fuch 
a day; the defendant as to the money cannot plead that 
he paid it, and as to the carriage of the wood, non a/J'ump- 
fit, for the promife, being intire, cannot be apportioned. 
March, 100. On an affumpiit in law', payment, or any other 
matter that excufes payment, may be given in evidence, 
on the general iffue. In an affumpfit in deed, it muff be 
pleaded. Gilb. Evid. 204, 5. If the plaintiff declares upon 
an indebitatus affumpiit, and upon a quantum meruit , and 
the defendant pleads, that after the faid feveral promifes 
made, and before the action brought, the plaintiff and de¬ 
fendant came to an account concerning divers films of mo¬ 
ney, and that the defendant was found in arrear to the plain¬ 
tiff 30I. and thereupon, in confideration that the defendant 
promifed to pay the faid 30I. the plaintiff likewife promifed 
to releafe and acquit the defendant of all demands, this is a 
good plea ; for by the account the firlt contract is merged. 
2 Mod. 43, 44. .The defendant cannot plead that he re¬ 
voked his promife; as if A is in execution at the fuit of 
B, and J. S. defires B to let him go at large, and that he 
will fatisfy him ; to which B agrees : though J. S. before 
any tiling is done in purfuance of this promife and agree¬ 
ment, conies to B, and tells him, that he revokes his pro- 
mile, and that he will not (land to it; yet fuch revoca¬ 
tion cannot be pleaded in bar to the action. 1 Rol. Abr. 32. 
I11 an action upon an affumpfit, if the confideration be 
executory; as if one promifes, to do fomething for me, in 
confideration of fomething to be done before by me, to 
or for him, if 1 will fue him for that he is to do for me, 
1 mult aver, that I have done that which was firlt to be 
done by me, for till that be done 1 may not maintain an 
action upon the promife. Cro.Jac. 583, 620. 
ASSUMPTION,/ iafumptio , Lat.] The aft of ta¬ 
king any thing to one’s felf.—The perfonal defeent of God 
himfelf, and his aJJ'umption of our Helli to his divinity, more 
familiarly to infinuate his pleafure to 11s, w'as an enforce¬ 
ment beyond all methods of wifdom. Hammond .—The fup- 
polition, or aft of fuppofing, of any tiling without further 
proof.—Thefe by w'ay of ajfumption , under the two general 
propofitidns, are intrinlically and naturally good or bad. 
Norris. —The thing fuppofed ; a poltulate.—For the aj¬ 
fumption t that Chrift did inch miraculous and fupernatural 
works to confirm what he faid, we need only repeat the 
meffage fent by him to John the Baptilt. South. — The ta¬ 
king up any perfon into heaven, which is fuppofed b,y the 
Romilh church of the Blelfed Virgin.—-Upon the fealt of 
the aJJ'umption of the Blelfed Virgin, the pope and cardinals 
keep the vefpers. Stillingjleet .-—Adam, after a certain pe¬ 
riod of years, would have been rewarded with an ajfumption 
to eternal felicity. Wake. 
Assumption, a town of South America, and capital 
of a province in Paraguay, fituated in a fertile country, 
on the river Paraguay, the fee of a bilhop, and relidence 
of a governor, appointed by the king of Spain under the 
viceroy of Peru. Lat. 25.30. S. Ion. 3. 10. W. Ferro. 
Assumption, an illand, near the coalt of California. 
Lat. 28. 4. N. ion. 120. W. Greenwich, 
Assumption, a river of North America, which runs 
into the river St. Lawrence, oppofite Montreal, in Canada. 
ASSUMP'TIVE, adj. [ajfumptivus , Lat.] That is 
alfumed. 
Assumptive Arms, in heraldry, are fuch as a per¬ 
fon has a right to aifume, with the approbation of his 
2 lovereign, 
