93 Iowa 213 | Iowa | 1895
I. On the ninth day of October, 1878, the plaintiff recovered la judgment in the District Court of Hardin county against the defendants, Huis-man and O. J. Ackerman, for the sum of five hundred dollars, in an action for malicious prosecution. J. H. Scales was attorney for the plaintiff in that suit, and on the twenty-second day of October, 1878, Stouten-berg assigned the judgment to Scales by a written assignment, which was in these words: “In the District Court, October Term, 1878. Wm. Stoutenberg v. Ackerman, Huisman. Assignment of Judgment. For value received I hereby assign to J. H. Scales all my right, title, and interest in and J to the judgment rendered in the above entitled cause. W. H. Stoutenberg. Filed with clerk, Oct 22, 1878.” After this assignment was made and filed, and while Scales was assignee of the judgment, he made the following settlement and release of the same: # “W. H. Stoutenberg v. J. Huisman, O. J. Ackerman. Settlement of Judgment. In consideration of the sum of seventy-five'dollars ($75.00) in hand paid by J. Huisman, I hereby release said judgment in full as to J. Huisman, provided that in ho event shall this release have the effect to release the judgment against O. J. Ackerman, one of the defendants in the above cause. All costs to be paid by J. Huisman. J. H. Scales, Assignee of the Above Judgment.” Before the above release of*the judgment was made, Scales received thirty dollars from Ackerman, and executed to him a release of the judgment, which provided that said release should not