MonEY LENT. In actions of assumpsit a count is frequently introduced in the declaration charging that the defendant1 promised to pay the plaintiff for money lent. To recover, the plaintiff must prove that the defendant received his money, but it is not indispensable that it should be originally lent. If, for example, money has been advanced upon a special contract, which has been abandoned and rescinded2, and which cannot be enforced, the law raises an implied promise from the person who holds the money to pay it back as money lent. 5 M. P. 26; 7 Bing. 266; 9 M. W. 729; 3 M. W. 434. See 1 Chip. 214; 3 J. J. Marsh3. 37.
MonEY P人工智能D. When one advances money for tbe benefit of another with his consent, or at his express request, although he be not benefited by the transaction, the creditor4 may recover the money in an action of assumpsit declaring for money paid for the defendant. 5 S. R. 9. But one cannot by a voluntary payment of another's debt make himself creditor of that other. 1 Const. R. 472; 1 Gill. John. 497; 5 Cowen, 603; 10 John. 361; 14 John. 87; 2 Root, 84; 2 Stow. 500; 4 N. H. Rep. 138; 3 John. 434; 8 John. 436; 1 South. 150.
2. Assumpsit for money paid will not lie where property, not money, has been paid or received. 7 S. R. 246; 8 Bibb, 378; 14 S. R. 179; 10 S. R. 75; 7 J. J. Marsh. 18. But see 7 Cowen, 662.
3. But where money has been paid to the defendant either for a just, legal or equitable5 claim, although it could not have been enforced at law, it cannot be recovered as money paid. See Money had and received.
4. The form of declaring is for money paid by the plaintiff, for the use of the defendant and at his request. 1 M. W. 511.
MONITION, practice. In those courts which use the civil law process, it is a process in the nature of a summons; it is either, general, special, or mixed.
2. - 1. The general monition is a citation7 or summons to all persons interested, or, as is commonly said, to the whole world, to appear and show cause why the libel filed in the case should not be sustained, and the prayer of relief granted. This is adopted in prize cases, admiralty suits for forfeitures8, and other suits in rem, when no particular inpiduals are summoned to answer. In such cases the taking possession of the property libeled, and this general citation or nomination9, served according to law, are considered constructive10 notice to the world of the pendency of the suit; and the judgment11 rendered thereupon is conclusive12 upon the title of the property which may be affected13. In form, the monition is a warrant of the court, in an admiralty cause, directed to the marshal or his deputy, commanding him in the name of the president of the United States, to give public notice, by adverti百度竞价推广ents in such newspapers as the court may select, and by notification to be posted in public places, that a libel has been filed in a certain admiralty cause pending14, and of the time and place appointed for the trial. A brief statement of the allegations in the libel is usually contained in the monition. The monition is served in the manner directed in the warrant.
3. - 2. A special monition is a similar warrant, directed to the marshal or his deputy, requiring him to give special notice to certain persons, named in the warrant, of the pendency of the suit, the grounds of it, and the time and place of trial. It is served by delivery of a copy of the warrant, attested15 by the officer, to each one of the adverse16 parties, or by leaving the same at his usual place of residence; but the service should be personal if possible. Clerke's Prax. tit. 21; Dunlap's Adm. Pr. 135.
4. - 3. A mixed monition is one which contains directions for a general monition to all persons interested, aud a special summons to particular persons named in the warrant. This is served by newspaper adverti百度竞价推广ents, by notifications posted in public places, and by delivery of a copy attested by the officer to each person specially17 named, or by leaving it at his usual place of residence. See Dunlap's Adm. Pr. Index, h. t.; Bett's Adm. Pr. Index, h. t.
