Comment: volunteers can't collect on alleged "bad debt"

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meekandmild's picture

volunteers can't collect on alleged "bad debt"

A volunteer, stranger, or intermeddler is "one who thrusts himself into a situation on his own initiative and not one who becomes a party to a transaction upon the urgent petition of a person who is vitally interested, and whose rights would be sacrificed did he no respond to the importunate appeal ."Laffranchini, 39 Nev. 48, 153 P. at 252.

Parties may be considered volunteers if, in making a payment, they have no interest of their own to protect, they act without any obligation, legal or moral, and they act without being requested to do soby the person liable on the original obligation. Henningsen v. United States Fidelity Guar. Co., 208 U.S. 404, 411 (1908); Smith v. State Sav. & Loan Ass'n, 175 Cal. App. 3d 1092, 1098, 223 Cal. Rptr. 298, 301 (1986); Norfolk & Dedham Fire Ins. Co. v. Aetna Casualty & Surety Co., 132 Vt. 341, 344, 318 A.2d 659, 661 (1974).