Bort v. Yaw
Supreme Court of Iowa
Appeal from Delaware District Court. These plaintiffs allege that they bought of the defendant two promissory notes, one for the sum of $240.00, executed by James Evart, and one for $51.97, executed by Eden E. Latta; that the defendant, willfully and fraudulently to cheat and defraud plaintiffs, represented that the makers of the notes were perfectly responsible; that the representations were false, the makers at the time being insolvent; that plaintiffs by reason of said…
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Appeal from Delaware District Court. These plaintiffs allege that they bought of the defendant two promissory notes, one for the sum of $240.00, executed by James Evart, and one for $51.97, executed by Eden E. Latta; that the defendant, willfully and fraudulently to cheat and defraud plaintiffs, represented that the makers of the notes were perfectly responsible; that the representations were false, the makers at the time being insolvent; that plaintiffs by reason of said false representations were induced to purchase the notes. A writ of attachment was sued out and levied upon the property…
1Opinion of the Court
Day, Cir. J.
The evidence shows the following facts: At the time of the transaction complained of Yaw owed Baldwin for a couple of colts, and was negotiating for the purchase of a colt from Baldwin and also for the purchase of one from the plaintiff Bort. lie proposed to turn over the Evart note for the colts and what he owed Baldwin. Whilst the negotiation was pending, Bort proposed to sell to defendant a piano, for $200, and defendant offered him the balance of the Evart note, the Lotta note, and his own note for $91.00. This proposition was accepted. The plaintiff, Baldwin, for his colt and…
2Cases cited1 opinion
- Hinkle v. DavenportSupreme Court of Iowa · 1874
3Cited by21 opinions
- Mitchell v. HancockCourt of Appeals of Texas · 1917
- State v. McAninchSupreme Court of Iowa · 1915
- Dickson v. YatesSupreme Court of Iowa · 1921
- Jeffers v. ForbesSupreme Court of Kansas · 1882
- Hurd v. SimpsonSupreme Court of Kansas · 1891
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