37 S.C.L. 199
Court of Appeals of South Carolina
Decided May 15, 1832
Court of Appeals of South Carolina · decided 1832-05-15
Before Gantt, J. at Barnwell, Spring Term, 1832. The report of his Honor, the presiding Judge, is as follows : “ John Allen, the defendant’s intestate, purchased at the sale of the estate of Christian Faust, a negro fellow, at $ — . He gave his note for the amount, with William Roberts, the intestate of plaintiff, as security, to Wm. McMillan, the administrator of Faust. $530 of this debt was paid by Wm.
Decided 1832-05-15
¶1Curia, per
¶2As I understand the case, Roberts sold the negro woman, and paid the money he received to the holder of the note on which he was surety for Allen. This money he was liable to pay, and on his doing so, the law raised an implied contract in Allen to reimburse him. It was implied that he had paid the money at Allen’s instance and request. The motion is granted.