Scofield v. Moore
Supreme Court of Iowa
Appeal from General Term,■ Sixth District (Washington Gounty). Action to foreclose mortgage. Trial to tbe court who found the following facts: 1st. That, April 29, 1857, George Brokaw obtained a judgment in this court against Charles Foster for $119.77 debt, to draw interest at ten per cent, and $5.05 Gosts. 2d.
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Appeal from General Term,■ Sixth District (Washington Gounty). Action to foreclose mortgage. Trial to tbe court who found the following facts: 1st. That, April 29, 1857, George Brokaw obtained a judgment in this court against Charles Foster for $119.77 debt, to draw interest at ten per cent, and $5.05 Gosts. 2d. That, about January 1, 1858, the said Foster delivered to the said Brokaw a car load of coal in part payment of said judgment, but no credit was ever entered upon the record thereof, and the judgment appeared wholly unsatisfied. The parties had never agreed upon the value of the coal,…
1Opinion of the Court
Cole, Ch. J.
— The .only real point of controversy in this case is, whether the transferrer of a judgment, a part of which 'has been, paid, but of which fact he has no knowledge, is liable to the transferee for the amount so paid, when he transfers only his right, title and interest in the judgment, and that without recourse.
The particular form of the transfer or assignment in this case is peculiar, and we ground our conclusion upon its peculiar phraseology. Its substance is well set forth in the findings of fact by the court, and in full, it is as follows: “ Eor value received, we hereby sell…
2Cases cited4 opinions
- Watson v. ChesireSupreme Court of Iowa · 1865
- McNear v. McComberSupreme Court of Iowa · 1864
- Davis v. MurphyIndiana Supreme Court · 1860
- Wolcott v. TimbermanSupreme Court of Iowa · 1870
3Cited by8 opinions
- Moore v. McKinleySupreme Court of Iowa · 1955
- DSK Enterprises, Inc. v. United Jersey BankNew Jersey Superior Court Appellate Division · 1983
- United States Fidelity & Guaranty Co. v. Borough Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1914
- Johnson v. Board of SupervisorsSupreme Court of Iowa · 1946
- Binswanger v. HewittAppellate Terms of the Supreme Court of New York · 1913
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