Beaty v. Carr
Supreme Court of Iowa
Appeal from Van Burén District Oourt. — How. M. A. Kobeets, Judge. ActioN at law upon an instrument in the form of a promissory note. Defendant pleads that the instrument was not intended as and for.an obligation to pay any amount, but was executed as and for a receipt, and as evidence of certain previous transactions had between the parties thereto'. In an amendment to the answer it was pleaded that, for the reasons stated, the said note was without consideration and void.
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Appeal from Van Burén District Oourt. — How. M. A. Kobeets, Judge. ActioN at law upon an instrument in the form of a promissory note. Defendant pleads that the instrument was not intended as and for.an obligation to pay any amount, but was executed as and for a receipt, and as evidence of certain previous transactions had between the parties thereto'. In an amendment to the answer it was pleaded that, for the reasons stated, the said note was without consideration and void. The trial court directed a verdict for plaintiff, and defendant appeals.
1Opinion of the CourtDeemeb, J.
The instrument sued on reads as follows: “Farmington, Iowa, October 16th, 1890. February 1st, 1891, after1 date, I promise to pay to Frank T. Doming or order one thousand dollars ($1,000.00), without interest, for said amount received from him to be applied to the payment of the undivided one-half, interest in store building purchased of Fred ITumelke on September 23d, 1890. $1,000.00. (Signed) Frank D. Carr.” As we.understand it, defendant’s contention is that defendant, who was a partner with, plaintiff’s intestate in the hardware business in the town of Farmington, purchased certain real…
2Cases cited6 opinions
- First National Bank v. FeltSupreme Court of Iowa · 1897
- Dickson v. HarrisSupreme Court of Iowa · 1883
- Perry v. BigelowMassachusetts Supreme Judicial Court · 1880
- Marsh v. ChownSupreme Court of Iowa · 1898
- DeLong v. LeeSupreme Court of Iowa · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Oakland Cemetery Ass'n of Lyons v. LakinsSupreme Court of Iowa · 1904
- Mosnat v. UchytilSupreme Court of Iowa · 1906