Stroh v. Kimmel
Supreme Court of Pennsylvania
ERROR to the common pleas of Lebanon county. Samuel Kimmel against William Stroh. This cause originated before a justice of the peace, and was brought into court by appeal; when the following statement was filed: “ The plaintiff states that he claims to recover from the defendant the sum of ninety dollars, with interest from the 1st of December 1S29; which plaintiff claims as due from defendant by reason of the following facts: In the year 1839, the defendant informed the…
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ERROR to the common pleas of Lebanon county. Samuel Kimmel against William Stroh. This cause originated before a justice of the peace, and was brought into court by appeal; when the following statement was filed: “ The plaintiff states that he claims to recover from the defendant the sum of ninety dollars, with interest from the 1st of December 1S29; which plaintiff claims as due from defendant by reason of the following facts: In the year 1839, the defendant informed the plaintiff that he had lost fourteen hogs, and requested plaintiff to hunt them and pen them up, and he would pay him well…
1Per curiam
These specifications of error resolve themselves into a single point—the plaintiff’s right to demand the .damages recovered of him, before they were paid. An action for money paid to the defendant’s use, is grounded on an implied promise which is raised out of the consideration of actual payment; ■ánd a mere liability to pay will consequently not raise it. So would it be in this action, were the promise that the defendant would reimburse the plaintiff what he should actually disburse on the defendant’s account; but it was a promise of general indemnity which ■was broken by the recovery of the…
2Cases cited1 opinion
- Bank v. DouglassSupreme Court of Pennsylvania · 1835
3Cited by8 opinions
- Ardesco Oil Co. v. North American Oil & Mining Co.Supreme Court of Pennsylvania · 1870
- Ruzyc v. BrownSupreme Court of Pennsylvania · 1935
- McAbee v. CribbsSupreme Court of Pennsylvania · 1899
- Bamford v. KeeferSupreme Court of Pennsylvania · 1871
- Ewing v. ReillySupreme Court of Missouri · 1863
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