McCanles v. Frederickson

Philadelphia County Court of Common Pleas

McCanles v. Frederickson

2 Miles 132

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedSeptember 9, 1837

StatusPublished

This text of 2 Miles 132 (McCanles v. Frederickson) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCanles v. Frederickson, 2 Miles 132 (Pa. Super. Ct. 1837).

Pincite

Opinion

Per Curiam.—

This affidavit is defective. A voluntary payment of the debt of another, there being no obligation to pay, or if against the consent of the debtor, gives no right of action to the payer against the debtor. There must be an instance and request of the defendant, either express or implied. Here none is stated, and no facts are stated from which the same can be inferred. The defendant must be discharged on common bail.

Rule absolute.

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Per Curiam.—

This affidavit is defective. A voluntary payment of the debt of another, there being no obligation to pay, or if against the consent of the debtor, gives no right of action to the payer against the debtor. There must be an instance and request of the defendant, either express or implied. Here none is stated, and no facts are stated from which the same can be inferred. The defendant must be discharged on common bail.

Rule absolute.

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Bluebook (online)

2 Miles 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccanles-v-frederickson-pactcomplphilad-1837.