Civil Procedure Keyed to Friedenthal
Lamine v. Dorrell
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J.S., the decedent, died intestate. Defendant Dorrell was appointed administrator under false pretenses. Defendant obtained property from J.S.’s estate and sold the property. Defendant’s administration was repealed and Plaintiff Lamine was appointed new administrator. Plaintiff sued Defendant in indebitatus assumpsit to recover money Defendant received from selling property from J.S.’s estate. Defendant demurred on the grounds that Defendant did not receive the money for the use of Plaintiff, which is an element of indebitatus assumpsit, but for the use of Defendant. Defendant argued that because this element was lacking, Plaintiff could not sue Defendant in assumpsit.
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