Kenan v. Holloway
Supreme Court of Alabama
Error to the • Circuit Court of Wilcox. Tried before the Hon. Nathan Cook. This was an action of assumpsit, by the defendant against the plaintiff in error, for .ptoney lent and advanced. The following facts appear frpm a bill of exceptions found in the record.
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Error to the • Circuit Court of Wilcox. Tried before the Hon. Nathan Cook. This was an action of assumpsit, by the defendant against the plaintiff in error, for .ptoney lent and advanced. The following facts appear frpm a bill of exceptions found in the record. One Beawell obtained a judgment in the County Court of Mobile, against the defendant and Thomas Kenan, as executrix and executor of Michael Kenan, deceased: an execution issued pn this judgment, and was levied, and bond was taken for the delivery of the property from the .executrix and .executor, which was forfeited, and thereupon an…
1Opinion of the CourtCollier, C. J.
It is well settled that money paid by one person for the use of another does not necessarily impose a liability upon the latter; for one man cannot of his own will pay another man’s debt without his consent, and thereby con- : vert himself into a creditor. Durnford v. Messiter, 5 Maule & *58S. Rep. 445; Weakley v. Brahan & Atwood, 2 Stew. Rep. 500. In' such case then, the paymént does not create a consideration from which the law will imply a promise' to repay, but to entitle the party to recover, there must be a previous request, not only alleged, but actually proved. Kaye v. Dutton, 7 Mann. &…
2Cases cited4 opinions
- Bettis v. TaylorSupreme Court of Alabama · 1839
- Kennon v. M'ReaSupreme Court of Alabama · 1838
- Roundtree v. HollowaySupreme Court of Alabama · 1848
- Weakley v. BrahanSupreme Court of Alabama · 1830
3Cited by21 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Meginnes v. McChesneySupreme Court of Iowa · 1916
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Bates v. VarySupreme Court of Alabama · 1867
- Lassetter v. KingSupreme Court of Alabama · 1947
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