from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
MONEY LENT. In actions of assumpsit a count is frequently introduced in the
declaration charging that the defendant 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been abandoned and rescinded, and which cannot be enforced, the law raises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. Marsh. 37.