Duggan v. Tomlinson

The complaint in this cause sounds in general assumpsit, thus the law implies a contract by reason of plaintiff’s allegations. Having implied a contract in favor of plaintiff, the majority then proceeds to imply venue upon the theory of the “debtor must seek the creditor”. Or, stated another way, venue has been assigned by an implication based upon an implication.

The argument is made: This is not a suit on the contract. If it were a suit for breach of contract then venue would lie at the place the contract was consummated.1 However, since this is a suit in general assumpsit for the payment of…