A surety could be sued in assumpsit, although he had ceased to be liable in debt.
In this, as in the earlier case, the issue was taken on the assumpsit.
If you choose to make an assumpsit, I'm sure I shall not object to the security.
Assumpsit covered the whole province of debt, and much more.
It has been shown above that if a man was a common farrier he could be charged for negligence without an assumpsit.
The chief reason why debt was supplanted for centuries by a later remedy, assumpsit, was the survival of this relic of early days.
One of the earliest references to what a promisor was to have for his undertaking was in the action of assumpsit.
It will be well to examine some of the earliest cases in which an undertaking (assumpsit) was alleged.
Afterwards the master promised to indemnify the bail, and on his failure to do so was sued by him in assumpsit.
The distinctions between debt, covenant, and assumpsit are merely historical.