Latham v. Gregory

This record discloses a series of most unusual circumstances. The appellant, Latham, obtained a judgment and collected f661 thereon from a stranger who was neither privy nor party to the contract, and on the final hearing of the main ease was adjudged to have been paid the amounts which were the subject-matter of the action and the defendants had a judgment over and against him for $475. Unless compelled by inexorable principles, no such inequitable results should be permitted to stand.

*293Latham brought suit in July, 1892, against A. J. and N. J. Gregory on two notes, dated the 24th of…