Weakley v. Brahan
Supreme Court of Alabama
Robert Weakley brought an action of assumpsit against Brahan and Atwood as co-partners, in Madison Circuit Court, to recover the amount of two judgments against them in the State of Tennessee, which he alleged he paid at their request, amounting to $2,144 SO. The declaration was on an indebitatus assumpsit for money paid, laid out and expended, money lent and advanced, &c. The defendant, Atwood, pleaded the general issue. Brahan did not appear.
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Robert Weakley brought an action of assumpsit against Brahan and Atwood as co-partners, in Madison Circuit Court, to recover the amount of two judgments against them in the State of Tennessee, which he alleged he paid at their request, amounting to $2,144 SO. The declaration was on an indebitatus assumpsit for money paid, laid out and expended, money lent and advanced, &c. The defendant, Atwood, pleaded the general issue. Brahan did not appear. The plaintiff moved for judgment by default against Brahan, which was overruled. On the trial, which was at the May term, 1828; the plaintiff proved…
1Opinion of the Court
By JUDGE COLLIER.
It is a rule of law well aseertained, that one person cannot make another his debtor, against his consent. This rule is, however, subject to ex■ception in case where the legal interest passes by assignment, as promissory notes, bills, &c. and also where judgments, accounts, &c. assigned, are sued on in the name of ■the party to whom they appear to have been originally •due; there the assignment is equivalent to a letter of attorney, to sue in the name of the assignor.b But the rule extends to all payments made to another’s use, where the action is brought in the name of him…
2Cited by3 opinions
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- Jewett v. BoihemSupreme Court of Alabama · 2009
- Collier v. HendersonSupreme Court of Alabama · 1888