Durant v. Rogers

Citations

• 71 Ill. 121

Syllabus

<p>1. Money paid—right to recover. Where the plaintiff pays money for another, not as his surety, he can not recover the same of such person, unless it was paid at liis request.</p> <p>»</p> <p>2. Same—liability of partner for money paid for trespass of co-partner. Where one partner commits a trespass, and a third party becomes liis surety in an appeal bond, and is compelled to pay the original judgment, he cannot maintain an action against another partner, who was not served with process, and who was not bound for the judgment, and never requested the party to execute the bond for the money so paid.</p> <p>3. Debtor and creditor. It is a familiar principle that one party can not voluntarily make himself the creditor of aniotlier.</p> <p>4. Partnership—liability of firm for trespass of an individual member. One member of a firm is not liable for the trespass or other wrongful act committed by another without his knowledge or assent, especially when there is no proof that he ratified the same by participating in the proceeds acquired by the wrongful act.</p> <p>5. Statute oe Frauds—promise to pay the debt of another. A promise to pay the debt of another after the same is incurred, is void, unless made upon a consideration, and reduced to writing.</p> <p>6. Same—when may be taken advantage of without pleading the statute. Where no special contract is declared on, but the declaration contains the common counts onl}-, the plaintiff must prove a legal and binding contract, and the defendant may rely upon the Statute of Frauds without having specially pleaded the same.</p>