McDonald v. Nugen
Supreme Court of Iowa
Appeal from Henry . District Gourt. — Hon. James D. Smyth, Judge. The plaintiff sued the defendant and another separately for a joint tort. The other case was first tried, and a judgment rendered for the plaintiff, which was voluntarily paid by the defendant therein to the clerk of the district court where rendered. The clerk had received no authority from the plaintiff to accept the payment of the judgment and costs for him. Nor did the plaintiff accept same from the clerk.
Read the full summary
Appeal from Henry . District Gourt. — Hon. James D. Smyth, Judge. The plaintiff sued the defendant and another separately for a joint tort. The other case was first tried, and a judgment rendered for the plaintiff, which was voluntarily paid by the defendant therein to the clerk of the district court where rendered. The clerk had received no authority from the plaintiff to accept the payment of the judgment and costs for him. Nor did the plaintiff accept same from the clerk. The defendant pleaded the payment of tho judgment against his joint wrongdoer as a bar to the further prosecution of…
1Opinion of the CourtSherwin, J.
The only question for determination is whether the voluntary and unsolicited payment of the judgment against the defendant’s joint wrongdoer was such a satisfaction for the plaintiff’s injury as to bar this action. It is the settled law of this state, as it is in most of the states, that, if several persons jointly commit a tort, the plaintiff may sue for his injury jointly or separately, as he may elect. The principle upon which the rule is based is that a tort is, in its nature, the separate and independent act of each wrongdoer, and because thereof each is liable for the entire wrong done.…
2Cases cited6 opinions
- Turner v. HitchcockSupreme Court of Iowa · 1866
- Metz v. SouleSupreme Court of Iowa · 1875
- Blann v. CrocheronSupreme Court of Alabama · 1852
- Putney v. O'BrienSupreme Court of Iowa · 1880
- United Society of Shakers v. UnderwoodCourt of Appeals of Kentucky · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- McNamara v. ChapmanSupreme Court of New Hampshire · 1923
- Fitzgerald v. CampbellSupreme Court of Virginia · 1921
- Phillips v. HallDistrict Court of Appeal of Florida · 1974
- Gerardi v. CarlisleDistrict Court of Appeal of Florida · 1969
2 more not listed; retrieve them via the Exa API.