Winburn v. Fidelity Loan & Building Ass'n
Supreme Court of Iowa
Appeal from Polls District Gourt.—Hon. W. A. Spurrier, Judge. Action at law on written orders on the defendant issued by J. M. Bowman and Coon Bros., and by them assigned to plaintiff.
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Appeal from Polls District Gourt.—Hon. W. A. Spurrier, Judge. Action at law on written orders on the defendant issued by J. M. Bowman and Coon Bros., and by them assigned to plaintiff. It is alleged that defendant accepted the orders, paid a part thereof, and agreed to pay the balance in a few days, but that he failed and neglected to do so'. Defendants answered, denying that it was indebted to Bowman or Coon Bros., and pleaded some other matters that will be hereinafter referred to. At the conclusion of plaintiff’s evidence, defendant moved for a verdict. This motion was overruled, and…
1Opinion of the CourtDeemer, J.
1 *3762 *375Addie Blackburn, O. B. Johnson, and a Mr. Calkins owned real estate in the city of Des Moines, on which they contemplated making improvements. In order to do this, they wore compelled to borrow money of the defendant. Drafts payable to the borrowers were sent to one J. O. Macv. that- were indorsed by the borrowers, and redelivered to Macy, in order that he might protect the mortgages given on the property to secure the loans from mechanics’ liens. One Winburn, plaintiff herein, did some work on the improvements made by one of the borrowers, under Bowman, who was the principal contractor.…
2Cases cited1 opinion
- Walton v. Mandeville, Dowling & Co.Supreme Court of Iowa · 1881
3Cited by3 opinions
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- McCarty v. CampbellSupreme Court of Iowa · 1914
- Wick v. BeckSupreme Court of Iowa · 1915