Drain v. Doggett, Bassett & Hills
Supreme Court of Iowa
Appeal from, Fremont .Circuit Court. Action at law. There was a verdict and judgment for plaintiff. Defendants appeal. The facts of the case appear in the opinion. The possession of a note by an attorney or agent for collection does not authorize him to take a draft in absolute payment. (Graydon, Stanwich da Co. v. Patterson dá Co., 13 Iowa, 256.) It is the debtor’s duty to see that the agent has special authority to do what is not within the general scope of his authority.
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Appeal from, Fremont .Circuit Court. Action at law. There was a verdict and judgment for plaintiff. Defendants appeal. The facts of the case appear in the opinion. The possession of a note by an attorney or agent for collection does not authorize him to take a draft in absolute payment. (Graydon, Stanwich da Co. v. Patterson dá Co., 13 Iowa, 256.) It is the debtor’s duty to see that the agent has special authority to do what is not within the general scope of his authority. (McCamer v. Nealy, 1 G. Greene, 360; 2 Parsons on Contracts, 615.) Where a bill or draft is not accepted, there should…
1Opinion of the Court
Beck, J. —
The petition alleges that plaintiff, being indebted to defendants, delivered to them, as collateral security, a note of hand on one Bryan, which was collected by defendants and the amount was not credited upon plaintiff’s indebtedness. In ignorance of the fact of the collection of the Bryan note, plaintiff paid the full amount of his original indebtedness to defendants, and he now brings this suit to recover the amount of the note used as collateral security. The defendants deny the averments of the petition.
There was evidence tending to prove that the Bryan note was secured by a…
2Cases cited1 opinion
- Graydon, Swanwick & Co. v. Patterson & Co.Supreme Court of Iowa · 1862
3Cited by10 opinions
- Griffin v. ErskineSupreme Court of Iowa · 1906
- John Gund Brewing Co. v. PetersonSupreme Court of Iowa · 1906
- Kerlin v. National Accident Ass'nIndiana Court of Appeals · 1893
- Lingenfelter Bros. v. BowmanSupreme Court of Iowa · 1912
- Buffalo Center Land & Investment Co. v. SwigartSupreme Court of Iowa · 1916
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