Johnson v. Collins
Supreme Court of Iowa
Appeal from Cedar District Court. The petition avers that plaintiff had money in the hands of one Freyberger, in the State of Ohio, to the amount of one hundred and forty dollars; that Freyberg’er brought it to Iowa to pay it to plaintiff; that not seeing plaintiff, he handed it to defendant in a package sealed up, directed to plaintiff; that defendant promised and agreed with said Freyberger to deliver it to plaintiff; that he failed and refused to do so; that it has been…
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Appeal from Cedar District Court. The petition avers that plaintiff had money in the hands of one Freyberger, in the State of Ohio, to the amount of one hundred and forty dollars; that Freyberg’er brought it to Iowa to pay it to plaintiff; that not seeing plaintiff, he handed it to defendant in a package sealed up, directed to plaintiff; that defendant promised and agreed with said Freyberger to deliver it to plaintiff; that he failed and refused to do so; that it has been demanded, but that defendant has converted it to his own use, &c. A demurrer was interposed, upon the ground that there…
1Opinion of the CourtWright, J.
It seems to us that the authorities, and especially the later ones, are all one way on this question. And these authorities are.unquestionably founded upon the *65soundest reasoning, and well settled principles.of justice and good conscience, when they recognize the right to maintain this action. The fact being established that A. has paid the money of B. to C. which C. promises A. to pay to the rightful owner, the law creates the privity between B. and C., and B. may have his action direct against C. That he might sue A. and treat him as his debtor, is no argument to defeat the action against…
2Cases cited2 opinions
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
- Lawrason v. MasonSupreme Court of the United States · 1806
3Cited by8 opinions
- Beeson v. GreenSupreme Court of Iowa · 1897
- Olney v. HuttSupreme Court of Iowa · 1960
- Globe National Fire Insurance v. American Bonding & Casualty Co.Supreme Court of Iowa · 1923
- Sayer v. WynkoopNew York Court of Appeals · 1928
- Mueller Lumber Co. v. McCaffreySupreme Court of Iowa · 1908
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