Gregg v. McCollock

Supreme Court of Iowa

Gregg v. McCollock

1 Greene 274

DecidedMay 15, 1848

StatusPublished

This text of 1 Greene 274 (Gregg v. McCollock) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gregg v. McCollock, 1 Greene 274 (iowa 1848).

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Opinion

Opinion by

Hastings, C. J.

The question presented is, whether a -payment by Gregg, the maker, to McCollock, the payee, after the transfer of the .note to Snyder, for whose use the suit is brought, can be received as an offset to the note.

, It is evident, from the record, that Gregg knew when the payment was made that the note was transferred. The payment then, to McCollock, was no payment on the note, unless he was the agent of Snyder. The equitable rights of Snyder must be protected against any acts of McCollock, unauthorized by him.

Judgment affirmed.

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Opinion by

Hastings, C. J.

The question presented is, whether a -payment by Gregg, the maker, to McCollock, the payee, after the transfer of the .note to Snyder, for whose use the suit is brought, can be received as an offset to the note.

, It is evident, from the record, that Gregg knew when the payment was made that the note was transferred. The payment then, to McCollock, was no payment on the note, unless he was the agent of Snyder. The equitable rights of Snyder must be protected against any acts of McCollock, unauthorized by him.

Judgment affirmed.

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Bluebook (online)

1 Greene 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregg-v-mccollock-iowa-1848.