Plano Manufacturing Co. v. Doyle
North Dakota Supreme Court
Appeal from District Court, Foster County; Burke, J. Action by the Plano Manufacturing Company against S. J. Doyle. Judgment for plaintiff. Defendant appeals. Where a general agent, with authority to collect for his principal, pays money to himself for the latter’s debts, the debtor’s obligation is extinguished. Gray v. Herman, 6 L. R. A. 691; 40 Am. Rep. 66; Stebbins v. Lardner, 48 N. W. 847. Payment may be made by one other than the debtor, but in his behalf. 22 Am. & Eng.
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Appeal from District Court, Foster County; Burke, J. Action by the Plano Manufacturing Company against S. J. Doyle. Judgment for plaintiff. Defendant appeals. Where a general agent, with authority to collect for his principal, pays money to himself for the latter’s debts, the debtor’s obligation is extinguished. Gray v. Herman, 6 L. R. A. 691; 40 Am. Rep. 66; Stebbins v. Lardner, 48 N. W. 847. Payment may be made by one other than the debtor, but in his behalf. 22 Am. & Eng. Enc. Law, 235. Payment may be made in other than money, if parties so agree, Scott v. Gilkey, 49 111. App. 116;…
1Opinion of the CourtSpalding, J.
Action for a balance due plaintiff from defendant on account. Defense, full payment alleged to have been made to one Otis as general agent of the plaintiff. Two questions are raised in this case. The first depends upon the facts, which are as follows : The defendant was indebted to the plaintiff. One Otis was the general agent of the plaintiff with authority to make collections. He personally purchased of the defendant his interest in a tract of Manitoba land for a sum sufficient to pay the debt of the defendant to plaintiff. It is not contended that he took the land for the plaintiff, but it…
2Cases cited9 opinions
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- Lochenmeyer v. FogartyIllinois Supreme Court · 1884
- Clopton v. CloptonNorth Dakota Supreme Court · 1902
- Scott v. GilkeyIllinois Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lindsey v. Keenan, Andrews AllredMontana Supreme Court · 1946
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Williams v. Fairmount School DistrictNorth Dakota Supreme Court · 1911
- Schouweiler v. AllenNorth Dakota Supreme Court · 1908
- Strehlow v. FeeNorth Dakota Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.