Tucker v. Ronk
Supreme Court of Iowa
Appeal from Mahaska District Court. • Action in chancery to restrain defendants from transferring a negotiable promissory note now in their hands, and to enforce its delivery to plaintiff, in order that it may be canceled. The note was executed by plaintiff to 'defendant, Rónk, and the petition charges that it was given without consideration and obtained by fraudulent representations of the payee. There was a decree of the court granting the relief prayed for.
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Appeal from Mahaska District Court. • Action in chancery to restrain defendants from transferring a negotiable promissory note now in their hands, and to enforce its delivery to plaintiff, in order that it may be canceled. The note was executed by plaintiff to 'defendant, Rónk, and the petition charges that it was given without consideration and obtained by fraudulent representations of the payee. There was a decree of the court granting the relief prayed for. Defendants appeal.
1Opinion of the CourtReck, J.
The defendant, Samuel Ronk, representing tbe heirs of Jacob Ronk, deceased, of whom he is one, made a claim against plaintiff for $1680, which he represented was on account of $800 received by plaintiff, as executor of the estate of defendant’s ancestor. Interest upon that sum increased it to the amount first stated. After demand for payment, the claim was settled by plaintiff executing the note which was delivered to one Raker, to be held until defendant, Ronk, should present to him receipts from the heirs, discharging plaintiff from the claim made against him. These receipts were obtained…
2Cases cited1 opinion
- Sullivan v. CollinsSupreme Court of Iowa · 1865
3Cited by7 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Watrous v. WatrousSupreme Court of Iowa · 1917
- Gering v. School DistrictNebraska Supreme Court · 1906
- Vande Stouwe v. Bankers Life Co.Supreme Court of Iowa · 1934
- Dyer v. National By-Products, Inc.Supreme Court of Iowa · 1986
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