Harbach v. Colvin
Supreme Court of Iowa
Appeal from Pollc Circuit Court. The defendant, Almira Colvin, was tbe owner of a promissory note for $600 given by James W. Kelly, and which was secured by mortgage on real estate in the city of Des Moines. The indebtedness was for money loaned to Kelly by Mrs, Colvin. Kelly procured the loan through H. R. Creighton, who was a loan agent at Des Moines.
Read the full summary
Appeal from Pollc Circuit Court. The defendant, Almira Colvin, was tbe owner of a promissory note for $600 given by James W. Kelly, and which was secured by mortgage on real estate in the city of Des Moines. The indebtedness was for money loaned to Kelly by Mrs, Colvin. Kelly procured the loan through H. R. Creighton, who was a loan agent at Des Moines. Creighton sent the application to Smith & Tennant, at Westfield, in the state of New fork, and they procured the money from Mrs. Colvin, who is also a resident of that state. When the indebtedness fell due, Creighton, who is also an attorney,…
1Opinion of the CourtReed, J.
1. ATTOENBr flotion: payeíieok.bv I. It is urged that the transaction between plaintiff and Creighton did not amount to a payment of the debt, for the reason that the latter had no authority to receive anything but money in payment. The general rule undoubtedly is that one who undertakes as agent for another to collect a money demand, in the absence of special instructions, has no authority to accept anything but money in payment. (McCarver v. Nealy, 1 G. Greene, 360; Graydon v. Patterson, 13 Iowa, 256; Drain v. Doggett, 41 Id., 682.) We have no occasion in the present case to determine…
2Cases cited1 opinion
- Graydon, Swanwick & Co. v. Patterson & Co.Supreme Court of Iowa · 1862
3Cited by18 opinions
- Griffin v. ErskineSupreme Court of Iowa · 1906
- National Bank of the Republic v. Old Town Bank of BaltimoreCourt of Appeals for the Seventh Circuit · 1902
- Watson v. El Paso CountyCourt of Appeals of Texas · 1918
- Brown v. GrimesIndiana Court of Appeals · 1921
- California Stearns Co. v. TreadwellCalifornia Court of Appeal · 1927
13 more not listed; retrieve them via the Exa API.