Fowler v. Hall

This action is brought by Hall, to recover money alleged to have been paid by him for the use of Fowler, and it being admitted that the redemption was made without any antecedent request by appellant, and that he made no subsequent promise to refund the same to appellee, the question arises, whether upon the facts agreed the law will imply the request and promise necessary to support the action.

The general rule is that to sustain the count for money paid, the plaintiff must prove the actual payment and the defendant’s prior request so to do, or his subsequent assent and approval of the act. 2…