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Johnson v. Collins

Johnson v. Collins, 14 Iowa 63 (1862)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
October 16, 1862
Judges
Wright
Citations
14 Iowa 63
Headnotes
1. Monet received. Whore S', paid the money of J. to C., and 0. promised to pay the same to J., but neglected and refused so to do, it was held that J. could maintain an action against 0. for its recovery.
Summary
Appeal from Cedar District Court. The petition avers that plaintiff had money in the hands of one Freyberger, in the State of Ohio, to the amount of one hundred and forty dollars; that Freyberg’er brought it to Iowa to pay it to plaintiff; that not seeing plaintiff, he handed it to defendant in a package sealed up, directed to plaintiff; that defendant promised and agreed with said Freyberger to deliver it to plaintiff; that he failed and refused to do so; that it has been demanded, but that defendant has converted it to his own use, &c. A demurrer was interposed, upon the ground that there was no privity of contract between plaintiff and defendant, and that there was no consideration for the promise of defendant. This demurrer was sustained, and plaintiff appeals. cited the following authorities: National Bank v. Eliot Bank, 5 Am. Law Reg., 711; Arnold v. Lyman, 17 Mass., 400; Hale v. Mansion, Id., 575; Felton v. Dickinson, 10 Mass., 287; Carnegie et al. v. Morrison et al, 2 Met, 381; Cabot v. Haskins, 3 Pick., 91; Ellwood v. Monk, 5 Wend., 235; Schermerhorn v. Vanderheyden, 1 John., 138; Weston v. Baker, 12 John., 276; Detail v. Trask, 12 Mass., 153; Watson v. Cambridge, 15 Mass., 289; Laiorason v. Mason, 3 Cranch, 492 ; Mason v. Waite, 17 Mass., 563; Eagle Bank v.. Smith, 5 Conn., 71; Dickson v. Cunningham, Mart. & Yerg., 221. reviewed the authorities cited by the counsel for the appellant, and cited Williams v. Everett, 3 Price, -58.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wright

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Wright, J.

It seems to us that the authorities, and especially the later ones, are all one way on this question. And these authorities are.unquestionably founded upon the *65 soundest reasoning, and well settled principles.of justice and good conscience, when they recognize the right to maintain this action. The fact being established that A. has paid the money of B. to C. which C. promises A. to pay to the rightful owner, the law creates the privity between B. and C., and B. may have his action direct against C. That he might sue A. and treat him as his debtor, is no argument to defeat the action against 0., for it is no uncommon thing that a party may have his election of remedies and debtors. In the case supposed, the law operates upon the act of the parties, creates the duty, establishes the privity, and implies the promise and obligation, upon which the action is founded. (Hall v. Marston, 17 Mass., 575 .) And as to the consideration, it is not necessary that it should move directly' from the plaintiff, to support an assumpsit. If the consideration moves from a third person, a stranger, even, and is adopted by the plaintiff, it is sufficient. The stranger, though not before the agent of plaintiff, becomes so after such adoption, so far as to make valid the consideration. Thus, in Lilly v. Hays, 5 Ad. & El., 548, money was sent by Wood to the defendant, to be paid to plaintiff, and the defendant' admitted that he had so received it, but he had no communication with the plaintiff. Mr. Justice Patterson said: “ there is a consideration moving here, through the instrumentality of Wood, the original debtor, to the dy^ndaxit. as agent for the plaintiff.” And Lord Denman thoi^^l^ defendant had made himself the plaintiff’s broker^fetnifemount received.

But without ^fcrging, we refer to Carnegie v. Morrison, 2 Met., 381 ; Hall v. Marston, 17 Mass., 575 ; Arnold v. Lyman, Id., 400; Lawrason v. Mason, 3 Cranch, 492 ; 1 Pars. Cont., 390; Brewer v. Dyer, 7 Cush., 337 ; Dolph v. White, 2 Kernan, 296.

Beversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1874–1875: 11896–1897: 11900–1901: 11902–1903: 11908–1909: 11922–1923: 11928–1929: 11960–1961: 118742026peak 1874 · 1

Relies on it most ⓘ

  1. Chicago, Rock Island & Pacific Railway Co. v. City of Ottumwa112 Iowa 300 (1900) · Dissent
  2. Beeson v. Green72 N.W. 555 (Iowa 1897)
  3. Olney v. Hutt105 N.W.2d 515 (Iowa 1960)
  4. Sayer v. Wynkoop161 N.E. 417 (N.Y. 1928)
  5. Globe National Fire Insurance v. American Bonding & Casualty Co.198 Iowa 1072 (1923)
  6. Mueller Lumber Co. v. McCaffrey118 N.W. 903 (Iowa 1908)

Most recent

  1. Olney v. Hutt105 N.W.2d 515 (Iowa 1960)
  2. Sayer v. Wynkoop161 N.E. 417 (N.Y. 1928)
  3. Globe National Fire Insurance v. American Bonding & Casualty Co.198 Iowa 1072 (1923)
  4. Mueller Lumber Co. v. McCaffrey118 N.W. 903 (Iowa 1908)
  5. Johnson v. Central Trust Co.65 N.E. 1028 (Ind. 1903)
  6. Chicago, Rock Island & Pacific Railway Co. v. City of Ottumwa112 Iowa 300 (1900) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Corbin v. Commonwealth, 59 Ky. 380 (1859) 40
Lawrason v. Mason, 7 U.S. (3 Cranch) 492 (1806) 18

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