Greeves v. M'Allister
Pennsylvania Court of Common Pleas, Philadelphia County
SSUMPSIT for money paid laid out and expended by the plaintiff for the use of the defendant, and at his sped instance and request. Plea, the general issue. Upon the trial of the cause it appeared in evidence, the plaintiff was special bail in 2000 dollars for one Sterling, in a suit brought in the Supreme Court, and that the defendant and another were bail in 5000 dollars for Sterling, in two suits brought in the Circuit Court of the United States.
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SSUMPSIT for money paid laid out and expended by the plaintiff for the use of the defendant, and at his sped instance and request. Plea, the general issue. Upon the trial of the cause it appeared in evidence, the plaintiff was special bail in 2000 dollars for one Sterling, in a suit brought in the Supreme Court, and that the defendant and another were bail in 5000 dollars for Sterling, in two suits brought in the Circuit Court of the United States. Sterling being destitute of property, and having gone out of the state, the plaintiff was fearful of being fixed for the debt, and took out a…
1Opinion of the Court
Rush President.
It is extremely clear, that there was a consideration in this case, for the promise; because the defendant had, in fact, derived a very important benefit and advantage at-the expense and labour of the plaintiff. When the interest of a man is promoted, though not at his request, and he deliberately after engages to pay for it, the law very properly says, he shall fulfil his promise. If two men bind themselves in behalf of a third, and one of them, to avoid an arrest, should pay the whole money, the other, in case of an actual promise, would be liable to pay his proportion. The…
2Cited by6 opinions
- Albany City Insurance v. WhitneySupreme Court of Pennsylvania · 1873
- Carman v. NobleSupreme Court of Pennsylvania · 1848
- Brightly v. McAleerSuperior Court of Pennsylvania · 1897
- Cunningham v. GarvinSupreme Court of Pennsylvania · 1849
- Goulding v. DavidsonNew York Court of Appeals · 1863
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