case holms against hall if a executor give a person a sum of money on his  promise to deliver up certain write then in his possession belong to the  testator and be afterward refuse to perform his promise the executor may  recover back the money so pay by indebitatus assumpsit S c holt Indebitatus  assumpsit by a executor for so much money of the testator receive by the  defendant to the use of the executor the evidence be that some write of the  testator come to the defendant hand which he will not deliver up to the  executor who to get the write give he so much money whereupon be promise to  give up the write but afterward refuse darnel sergeant object that the  plaintiff have mistake his action for he shall have bring a action on the case  upon the special agreement for nondelivery of the write holt chief justice if  a give money to b to pay c upon c s give write c and c will not do it a  indebitatus will lie for a against b for so much money receive to his use and  many such action have be maintain for earnest in bargain when the bargainor  will not perform and for premium for insurance when the ship c do not go the  voyageSee show salk skin park on insurance a but it have be hold that it will  not lie for money pay upon a usurious contract because there it be not intend  that it shall be repay or anything do for it indeed these case of indebitatus  for money receive to use have be carry too far and no body will more Willing  check they than I will therefore it shall be save you if you will but I will  not nonsuit the plaintiff modern er p but it appear on the evidence that the  defendant pretend to the money as due from the testator and will not deliver  the write without payment and that the money be give in satisfaction of the  debt so it be clear against the plaintiff and he be nonsuit modern and darnel  quote a case where he say one have undertake to obtain a pardon for another  and to that end get several sum of money from he but have not get the pardon  and a indebitatus for money to the plaintiff use be bring and yet the  plaintiff have be nonsuit before holt chief justice which holt chief justice  utter deny