Bowen v. School District No. 9

The plaintiff below recovered judgment for the amount of a school district order and the interest thereon; defendant 'having, as the referee found, wrongfully procured the order as a substitute for a certain Goodyear order, wbicb he untruly claimed to have paid and then lost, and having afterwards used it as money in the payment of his taxes. The recovery was on the. common counts in assumpsit.

It is objected that an action in tort should have been brought, and not assumpsit. But as tire defendant made use of the order as money, the law will raise an - implied promise to pay the amount. The…