Higgins v. Mendenhall
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. This cause was before this court, June Term, 1876, and the judgment was reversed. Upon being remanded the plaintiff filed in the Circuit Court an amended and substituted petition, which is as follows: “1. Your petitioner represents that heretofore, to-wit: in the year I860, the firm of Higgins, Kelley &' Co. was engaged in the commission and grain business in the city of Chicago, State of Illinois, and that one Daniel Mendenhall…
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Appeal from Jefferson Circuit Court. This cause was before this court, June Term, 1876, and the judgment was reversed. Upon being remanded the plaintiff filed in the Circuit Court an amended and substituted petition, which is as follows: “1. Your petitioner represents that heretofore, to-wit: in the year I860, the firm of Higgins, Kelley &' Co. was engaged in the commission and grain business in the city of Chicago, State of Illinois, and that one Daniel Mendenhall transacted a like business in the town of Fairfield, Iowa, and forwarded grain to and transacted business with the said firm in…
1Opinion of the CourtEothrock, J.
l. statute of chTingo'of sVatate: Rand. — I. In Higgins v. Mendenhall, 42 Iowa, 675, an error occurred in the opinion in quoting section 9, chapter 167, Laws of the Thirteenth General Assembly. The quotation is made in these words : “In actions for re]jef on the gr0und of fraud or mistake * * * the cause of action shall not be deemed to have accrued until the fraud or mistake * * * shall have been discovered by the party aggrieved.” The word mistake does not occur in the statute, although it is contained in section 2530 of the Code. The same error occurs in the case of McGinnis v. *140Hunt, 47…
2Cases cited2 opinions
- McGinnis v. HuntSupreme Court of Iowa · 1878
- Higgins v. MendenhallSupreme Court of Iowa · 1876
3Cited by7 opinions
- McKay v. McCarthySupreme Court of Iowa · 1909
- Wagner v. Standard Seed Tester Co.Supreme Court of Iowa · 1922
- Beerman v. BeermanSupreme Court of Iowa · 1938
- Baird v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1900
- Klemme v. LongSupreme Court of Minnesota · 1931
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