McCanles v. Frederickson

Pennsylvania Court of Common Pleas, Philadelphia County

Decided September 9, 1837

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-09-09

THIS was a capias ad respondendum, to June term, 1837, 318, The plaintiffs on being ruled to show their cause of action, produced the affidavit of one of them, which was as follows, viz,: “ George T. Chambers, one of the above named plaintiffs, being duly sworn according to law, says : that the above mentioned defendant is justly and truly indebted to the said plaintiffs in the sum of 719 dollars, being the amount without interest, costs, &c. paid to the Manufacturers’ and…

Decided 1837-09-09

Per Curiam.—

¶1This affidavit is defective. A voluntary payment of the debt of another, there being no obligation to pay, or if against the consent of the debtor, gives no right of action to the payer against the debtor. There must be an instance and request of the defendant, either express or implied. Here none is stated, and no facts are stated from which the same can be inferred. The defendant must be discharged on common bail.

¶2Rule absolute.a

¶3 See the eases in the Index in this volume as to affidavits to hold to bail.