Williamson v. Reddish
Supreme Court of Iowa
Appeal from Warren Circuit Court. Action upon a promissory note for two hundred dollars and interest. Defense admitting the execution of the note, and alleging the payment of one hundred dollars of principal, and the interest due on the, whole note, and the execution of a new note for the remainder. Trial by jury, verdict and judgment for plaintiff for the amount claimed, and defendant appeals.
1Opinion of the CourtEothrock, J.
I. Sometime after the execution of the ' original note it was lost or mislaid by plaintiff, and on application to defendant a new note was made. The new note was for one hundred dollars. The plaintiff claims that it was made for one hundred dollars by mistake, and that it should have been for two hundred dollars. The defendant claims that at the time the.new note was made he paid plaintiff one hundred dollars principal and twenty dollars interest. The. plaintiff denies the alleged payment. At the time the new note was made the plaintiff delivered to defendant a receipt, of which the following…
2Cases cited2 opinions
- Stapleton v. KingSupreme Court of Iowa · 1871
- Price v. MahoneySupreme Court of Iowa · 1868
3Cited by1 opinion
- Kempe v. BennettSupreme Court of Iowa · 1907