Gilchrist v. Johnson
Cases that cite this one
1 later published case cites this decision.
- Tilton v. Boland (Or. 1934)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We agree with the chancery court that while it may be conceded that Poteet was the agent of Mrs. Johnson and had authority-to bind her by receiving payments on the mortgage indebtedness, tlie credit to Gilchrist for which a receipt was given in the first part of 1910 of $100 was not such a payment of the mortgage debt as would be binding on the mortgagee. It is evident that the consideration for the receipt was not such a payment in money as would be binding upon Mrs. Johnson, the mortgagee, but arose from a settlement of individual matters between Poteet and Gilchrist, and that the only money that passed between them was a few dollars for the purpose of striking a proper balance between the parties.
The decree of the chancery court is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.