case asher against wallis if a marry man marry another woman and receive the  rend of her estate she may maintain a indebitatus assumpsit against he to  recover they as for money receive a man have a wife in England go to Jamaica  and there marry a rich woman and let we her land reserve rend to himself and  receive the same diverse year but after some time they both come into England  she perceive that he have another wife live and thereupon bring a indebitatus  assumpsit against he for the say rend as so much money receive by he to her  use at the trial at guildhall London this point be save to be argue by counsel  whether a indebitatus assumpsit will lie in this case which be argue this term  do you the common sergeant say it be like the case of a disseizee who can not  maintain a indebitatus assumpsit modern report against the seize as for money  receive to his use and in this case there be another and a proper action for  if the rend be receive with her consent she may have a action of account  against he as receiver if without her assent trespass lie Eyre also for the  defendant say that a indebitatus assumpsit will not lie but where money be due  on some contract therefore where one man enter on another and sell his good c  he who have the property in they can have a indebitatus assumpsit for the  money receive as for money receive to his use but must have his action as for  a wrong do videlicet trespass assize c Whitacre for the plaintiff say that the  action lie for the plaintiff be consent and often present when the money be  pay that where debt will lie a indebitatus assumpsit will also lie a see  Slades case   a in many case so not confine to a particular action but here it  can be say that the defendant be a wrongdoer because it be do with her consent  beside a indebitatus assumpsit will lie though there be no contract as for the  profit of a office wrongful receive though receive by one who pretend a title  b see the case of the city of London   see also sir William sanderson v Bignal  stram duppa v Gerrard salk stockhold v Collington salk b darnel also for the  plaintiff that there be no need of a contract to maintain art indebitatus  assumpsit c Mod c for where money be overpay this action will lie for the  surplus d see Moses v Macfarlane burr grove v dubois term Rep Bize v Dixon  term Rep Robinson v Eaton term Rep clark v she Cowp d if the wife lend her  husband money to I S the husband may have either indebitatus assumpsit or  trover Q if rend be receive by false token either account or indebitatus  assumpsit lie e see whip v Thomas bull n p clark v she Cowp e and by the whole  court it be agree that a indebitatus assumpsit will well lie but holt chief  justice say that trover will not lie in this case because she be never possess  of the money f Blackhams case salk f and when she marry the defendant she  consent that he shall manage her estate he cite a case where if money be  overpay either debt or indebitatus assumpsit lie g co g if two lie a wager and  stake down the money the winner shall have a indebitatus assumpsit against he  that hold the stake as for money receive to his use h see Bovey v castlemain  ld raym hard case salk Jones v Randal Cowp h and judgement be give for the  plaintiff modern report er p modern report hilary term the six of queen  whether in the common plea Thomas Lord Trevor chief justice sir John blencowe  Knt Thomas bury Esq Robert Tracey Esq justice sir Edward Northey Knt  attorneygeneral sir Simon Harcourt Knt solicitor general