Iowa Lumber Co. v. Foster
Supreme Court of Iowa
Appeal from Dubuqiie Circuit Court; Action-in equity, the object being to obtain an accounting from the defendant Foster, and the recovery against him of a judgment for an amount claimed to be due the plaintiff, and also to have certain notes or drafts executed by the plaintiff delivered up and cancelled, on the ground that they had been paid.
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Appeal from Dubuqiie Circuit Court; Action-in equity, the object being to obtain an accounting from the defendant Foster, and the recovery against him of a judgment for an amount claimed to be due the plaintiff, and also to have certain notes or drafts executed by the plaintiff delivered up and cancelled, on the ground that they had been paid. The defendants Palmer & Johnson claimed to be the owners of said notes, and denied that the same had been paid, and they asked judgment for the amount due thereon against the plaintiff. Foster denied being indebted to the plaintiff, and, by way of…
1Opinion of the CourtSeevers, J.
I. It is conceded by counsel for appellant that this cause is not triable de novo in this court. It, therefore, follows that the judgment below can only be reviewed on exceptions duly taken, and errors properly assigned. There was a finding of facts made by the court, which was duly excepted to. But such finding stands as the verdict of a jury, and cannot be disturbed if the evidence is conflicting, or there is testimony upon which such finding can be reasonably sustained. Upon this branch of the case we are relieved of any difficulty, because counsel for appellant do not complain of the…
2Cases cited3 opinions
- The City Bank of Columbus v. . Bruce and FoxNew York Court of Appeals · 1858
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
3Cited by17 opinions
- Wisconsin Lumber Co. v. Greene & Western Telephone Co.Supreme Court of Iowa · 1904
- Rollins v. Shaver Wagon & Carriage Co.Supreme Court of Iowa · 1890
- Kom v. Cody Detective Agency, Inc.Washington Supreme Court · 1913
- Fremont Carriage Manufacturing Co. v. ThomsenNebraska Supreme Court · 1902
- Traer v. Lucas Prospecting Co.Supreme Court of Iowa · 1904
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