Beck & Son v. Juckett
Supreme Court of Iowa
Appeal from Gedar Rapids Superior Court. — Hon. T. M. Giberson, Judge. The plaintiffs, being indebted to tbe defendant, gave him an order on the Cedar Bapids Commercial Club, which accepted it, i and paid thereon all save a balance of one hundred and sixty-two dollars and twenty-five cents. Suit was begun against said club and plaintiffs at the April term, 1896, and judgment entered for this amount May 6th of the same year.
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Appeal from Gedar Rapids Superior Court. — Hon. T. M. Giberson, Judge. The plaintiffs, being indebted to tbe defendant, gave him an order on the Cedar Bapids Commercial Club, which accepted it, i and paid thereon all save a balance of one hundred and sixty-two dollars and twenty-five cents. Suit was begun against said club and plaintiffs at the April term, 1896, and judgment entered for this amount May 6th of the same year. This is an action in equity, commenced March 24, 1898, to set aside such judgment because obtained through fraud. Decree as prayed, and defendant appeals.—
1Opinion of the CourtLadd, J.
1 The defendant’s attorney had assured Beck & Son before the action was begun that they could not be held on the Juckett claim. When M. Beck appeared in court on the second day of the term, he was lulled into security by the declaration from the same source that: “We are not after you. We are after the Commercial Club,”- — and was advised that “he need not .come up or appear,” and that the suit would not be called .till two days later. The next day the plaintiffs were tele*341phoned that the cause would not be taken up the day following. No further attention was. given the matter by the…
2Cases cited2 opinions
- Lumpkin v. SnookSupreme Court of Iowa · 1884
- McConkey v. LambSupreme Court of Iowa · 1887
3Cited by1 opinion
- Hensch v. MyersSupreme Court of Iowa · 1925