NON ASSUMPSIT

non assumpsit (non <<schwa>>-s<<schwa>>m[p]-sit). [Latin “he did not undertake”] Hist. A general denial in an action of assumpsit. See ASSUMPSIT. [Cases: Assumpsit, Action of 20.

C.J.S. Assumpsit, Action of § 19.]

“ ‘Non assumpsit’ is the general issue in assumpsit, whether special or general, and is in effect a formal denial of liability on the promise or contract alleged. It denies not only the inducement or statement of the plaintiff’s right, but also the breach, and allows any defense tending to show that there was no debt or cause of action at the time of commencing suit.” Benjamin J. Shipman, Handbook of Common-Law Pleading § 182, at 322 (Henry Winthrop Ballantine ed., 3d ed. 1923).

non assumpsit infra sex annos (non <<schwa>>-s<<schwa>>m[p]-sit in-fr<< schwa>> seks an-ohs), n.[Latin “he did not undertake within six years”] Hist. The specific pleading form for the statute-of-limitations defense in an action of assumpsit.

[Blacks Law 8th]