Harlan v. Capital Investment Co.

This is an action- brought to recover money lost by the plaintiff at gaming. An attachment was issued upon the ground that the defendant was a foreign corporation. A motion has been made to discharge the attachment on the ground that the debt or demand does-not arise upon contract.

The’ recognition in law of constructive contracts, that is, of contracts founded not on the mutual understanding of the parties, express or implied-as a question of fact, but implied by law, is too well settled to require authority other than Railroad v. Gaffney, 65 O. S., 104-116. That constructive contracts are…