Wolford v. Young
Supreme Court of Iowa
Appeal from Boone District Court. — Hon.S.M. Weaver, Judge. The following is appellant’s statement of the facts and the issues.
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Appeal from Boone District Court. — Hon.S.M. Weaver, Judge. The following is appellant’s statement of the facts and the issues. On the ninth day of March, 1889, the appellee, who then resided and now resides in Boone county, Iowa, purchased of the appellant certain land in Boone county, and gave the appellant the note and mortgage in controversy in this action in part payment thereof; the said note being for the amount of four hundred dollars, and attached thereto in the usual form, interest coupons calling for twenty-eight dollars annual interest during the period of said note, being until…
1Opinion of the CourtGranger, J.
— As we determine the case on the undisputed facts, we' need not refer to questions presented as to the admissibility and competency of evidence. Appellant cites and relies on a rule of undoubted authority: “That, if a debtor owing money on a written security pays to or settles with another a.s agent, it is his duty, at his peril, to see that the person thus paid or settled with is in possession of the security. If not thus in possession, the debtor must show that the person to whom he pays or with whom he settles' has special .authority, or has been represented by the creditor to have such…
2Cases cited3 opinions
- Security Co. v. GraybealSupreme Court of Iowa · 1892
- Draper v. RiceSupreme Court of Iowa · 1881
- Fisher v. Schiller LodgeSupreme Court of Iowa · 1879
3Cited by10 opinions
- Catlin v. ReedSupreme Court of Oklahoma · 1929
- Sioux City Cattle Loan Co. v. LovrienSupreme Court of Iowa · 1924
- Easton v. LittooyWashington Supreme Court · 1916
- Ritter v. PlumbSupreme Court of Iowa · 1927
- Huismann v. AlthoffSupreme Court of Iowa · 1926
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