Koehler v. Wilson
Supreme Court of Iowa
Appeal from Hamilton District Court. PlaiNtiff in the first count of her petition alleges in substance that on the 1st day of May, 1871, her husband, C. C. Koehler, loaned of her money to the firm of Wilson, Funk & Smith, the sum of four hundred dollars, and took a note therefor in his own name, due in six months, with interest at ten per cent., all of which is due and unpaid except the interest for one year.
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Appeal from Hamilton District Court. PlaiNtiff in the first count of her petition alleges in substance that on the 1st day of May, 1871, her husband, C. C. Koehler, loaned of her money to the firm of Wilson, Funk & Smith, the sum of four hundred dollars, and took a note therefor in his own name, due in six months, with interest at ten per cent., all of which is due and unpaid except the interest for one year. That said Wilson, Funk & Smith knew that said money was plaintiff’s separate property, and she notified them to withhold the amount due thereon from C. C. Koehler, and to pay the same to…
1Opinion of the CourtDay, J.
-I. The court instructed the jury as follows: “ 7. If the payee of the note surrendered it to the maker voluntarily, in liquidation of a just debt then due from him i. niSTKuc-practice. ^ to the? the note was fully canceled by the surrender; but if the note was obtained from Koehler wrongfully and unlawfully by threats and duress, it was not cancelled by the surrender, and the plaintiff’ can maintain an action for the amount due thereon, if she is the owner thereof.” The defendants excepted to the giving of *186this instruction. As we understand this instruction, it does not incorrectly state the…
2Cited by6 opinions
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Hill v. City of GlenwoodSupreme Court of Iowa · 1904
- Hensinger v. DyerSupreme Court of Missouri · 1898
- McClintic v. McClinticSupreme Court of Iowa · 1900
- State ex rel. Little v. DonnellyMissouri Court of Appeals · 1881
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