Wheatfield Township v. Brush Valley Township
Supreme Court of Pennsylvania
Error, to the Common Pleas of Indiana county. The facts of this case show that the township of Brush Valley was created in June, 1835, out of a portion of Wheatfield township.
Read the full summary
Error, to the Common Pleas of Indiana county. The facts of this case show that the township of Brush Valley was created in June, 1835, out of a portion of Wheatfield township. Before the creation of Brush Valley township, the original township of Wheatfield was indebted to various persons for balances due to them as supervisors of said township; and among others to John Carney, the sum of $231.58, as shown by settlement of 15th April, 1824. Carney afterwards brought suit against Wheat-field township to Sept. Term, 1839; the jury brought in a special verdict, upon which judgment was entered in…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
The action for contribution is founded upon the equity arising from the payment by the plaintiff of more than his share of a liability existing at the time against both. Where the plaintiff is not liable for the debt, he has no right to volunteer a payment for the purpose of making the defendant his debtor. And where the defendant is not bound for it, the payment confers no benefit upon him. He is, therefore, under no obligation to reimburse the plaintiff. If the claims of Carney, Bracken and Elliott, against Wheatfield township had been…
2Cited by7 opinions
- Gronna v. GoldammerNorth Dakota Supreme Court · 1913
- Bednar v. BednarSuperior Court of Pennsylvania · 1997
- Appeal of BrenemanSupreme Court of Pennsylvania · 1888
- McQuaid v. SturgeonSuperior Court of Pennsylvania · 1921
- In re KolberDistrict Court, E.D. Pennsylvania · 1942
2 more not listed; retrieve them via the Exa API.