case child against pierce Qure whether a declaration by assignee of a bankrupt  for so much money have and receive by the defendant from bankrupt without aver  it to be the money of the bankrupt be good this be a action upon the case upon  several promise bring by the plaintiff as assignee of a commission of a  statute of bankruptcy against I S and judgement pass by default and a writ of  inquiry execute on a writ of error bring to reverse this judgement it be  insist that the declaration of the plaintiff be nought for they declare that  the defendant be indebt to they as assignee of a commission of bankruptcy  against I S in the sum of three hundred and twenty pound for so much money  have and receive by the defendant from the bankrupt and it be not say that the  money be the money of the bankrupt it be acknowledge that in plead of bar  which may be support by common intendment this way of modern report plead may  possible be admit and the money be intend the money of the bankrupt but not in  a declaration where the word shall ever be take in the strong sense against he  that plead they former in action of debt the whole agreement be use to be set  forth but now of late a more concise way of plead have in action upon the case  obtain and yet even now to declare in a indebitatus assumpsit for good sell  upon the and deliver will be nought upon demurrer it be argue on the other  side that this declaration be good for that first of all this declaration set  forth that the defendant be indebt and then go on and show how videlicet by  money receive by the defendant I e by a necessary intendment such money as  will create a debt the money of the bankrupt in the case of Hicks v Cockum a  Trinity term whether fort a judgement in the common plea by default and upon  error bring it be insist that the declaration be for good and merchandise to  the defendant per the same the plaintiff before that time sell and deliver c  and not say the good of the plaintiff be nought but the court be of opinion  that the word indebitatus necessary import that they be the good of the  plaintiff in the case of athorpe v Jones a Trinity term Geo a there be  judgement by default in the common plea and a writ of error bring and the  declaration set forth that the defendant be indebt to the plaintiff in so much  money for the use of a coachhorse of the plaintiff deliver by the say  plaintiff to the defendant and it be object that this delivery do not  necessary import a debt for possible the defendant may be to pay nothing for  the use of he but the court be of opinion that such a delivery must be intend  as do create a debt Adjournatur modern report er p modern report trinity term  the second of George the first in the king bench Thomas Lord Parker chief  justice sir Littleton powys Knt sir Robert Eyre Knt sir John Pratt Knt justice  sir Edward Northey Knt attorneygeneral John fortescue aland Esq solicitor  general