Curtis v. Parks

Citations

• 55 Cal. 106

Syllabus

<p>Voduntaby Payment—Subety—Contbibdtion.—No man can be made a debtor for money paid to bis use, unless it was done at his request, or unless the party paying the money was bound as surety, or otherwise, to pay it for him.</p> <p>Id.—Id.—Id.— Constbuction of Contbact.— The plaintiffs, and defendant, and others—who were sureties on the bond of a Public Administrator-promised and agreed to pay to one E.—to whom their principal had become liable, as his successor in the administration of an estate—the amount of the liability; promising and agreeing each with each and all the others, that they would so pay in certain definite proportions. The plaintiffs, having paid the whole amount, brought their action against the defendant to recover the amount that he should have paid. Held, that under the contract alleged there was no obligation resting upon the plaintiffs to pay the defendant’s part of the amount, and therefore their payment was voluntary, and gave rise to no cause of action against the defendant.</p>