Dist. Twp. of Walnut v. Rankin
Supreme Court of Iowa
Appeal from Madison Circuit Court. Action upon a promissory note executed by the defendant, Eankin, to tlie intervenor, Hillman, anti transferred by the latter to tlie plaintiff. Eankin, the maker of the note, pleaded that it had been paid. Hillman, the payee, intervened, pleading that the note had been paid to him. The plaintiff filed what is denominated an amended and substituted answer and cross-petition to the petition of intervention.
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Appeal from Madison Circuit Court. Action upon a promissory note executed by the defendant, Eankin, to tlie intervenor, Hillman, anti transferred by the latter to tlie plaintiff. Eankin, the maker of the note, pleaded that it had been paid. Hillman, the payee, intervened, pleading that the note had been paid to him. The plaintiff filed what is denominated an amended and substituted answer and cross-petition to the petition of intervention. The intervenor demurred to the same, and the demurrer was overruled. From the ruling upon the demurrer the inter-venor appeals.
1Opinion of the Court
Adams, Ch. J.
We cannot regard the pleadings in this case as presenting very well-formed issues; but we have concluded not to scan them very critically, but assume that they *66properly enough raise the questions which the counsel have presented in their arguments. The pleading demurred to shows that plai ntiff is a corporation organized under the laws of Iowa, and that the intervenor was its treasurer, required to give a bond for the faithful discharge of his duty; that the intervenor, while acting as treasurer, received large sums of money belonging to the .plaintiff, for which he failed to…
2Cases cited4 opinions
- Brady v. Mayor of BrooklynNew York Supreme Court · 1847
- Inhabitants of Boston v. BrazerMassachusetts Supreme Judicial Court · 1814
- Dix v. Town of DummerstonSupreme Court of Vermont · 1847
- Zook v. SpraySupreme Court of Iowa · 1874
3Cited by5 opinions
- District of Columbia v. BaileySupreme Court of the United States · 1898
- Springville Community School District v. Iowa Department of Public InstructionSupreme Court of Iowa · 1961
- Tank v. RohwederSupreme Court of Iowa · 1896
- West v. Coos CountyOregon Supreme Court · 1925
- Bailey v. District of ColumbiaDistrict of Columbia Court of Appeals · 1896