Public-domain · open source
OpenJurist

1 Smith & H. 121

Chrisman v. Long

Indiana Supreme Court

Decided November 15, 1848

Indiana Supreme Court · decided 1848-11-15

EKEOR to the Boone Circuit Court. Assumpsit by Long against Chrisman and McLaughlin, for money had and received, and money paid. Judgment for the plaintiff. It appeared, that in November, 1838, there was a judgment rendered by the Circuit Court of the United States, for this District, in favor of Blackley, Strong, and Simpson, against Chrisman and McLaughlin, for the payment of which one Nelson became replevin bail.

Decided 1848-11-15

Smith, J. —

¶1“ This state of facts may show a right of action in favor of Long against Chrisrnan, but, does not warrant a joint judgment against the latter and McLaughlin. If we regard the payment by Long simply as a payment upon the judgment of Blackley, Strong, and Simpson, the request of Chrisrnan was not sufficient to bind McLaughlin, and it is a clearly established principle, that no assumpsit can be raised on the voluntary payment by a stranger, of the debt of another person.”

¶2Judgment reversed, &c.

/1/smithh/121 · .json · Public domain