Court case(1799) 8 TR 308

Exall v. Partridge Exall v. Partridge (the carriage distrained for rent)

(1799) 8 TR 308; 101 ER 1405 · Court of King's Bench (England) · 1799

PrincipleMoney paid under compulsion to discharge another's legal liability is recoverable from that person.

Facts

Exall left his carriage on the premises of Partridge, a coachmaker, for repair. Partridge and two others were the tenants of the premises and owed rent to their landlord. The landlord distrained on the carriage for the arrears of rent. To recover his carriage, Exall paid the rent due from the tenants and then sued them for the sum.

Held

The Court of King's Bench held that Exall could recover. He had not paid voluntarily or officiously; he paid under compulsion of law to redeem his own goods, and the payment discharged a debt that the defendants were bound to pay. The law implied a request and a promise by the debtors to repay.

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