Legal Opinion

Graves v. Clark

Supreme Court of Iowa

Decided January 22, 1897PublishedCited by 6 opinions

Appeal from, Johnson District Court. — Hon. M. J. Wade, Judge. The petition shows that the plaintiff is a son of J. K. Graves; that in April or May, 1889, J. K. Graves was the owner of twenty-six thousand four hundred dollars of the capital stock of the Western Union Fuel Company, and twenty-five thousand dollars of the capital stock of the American Coal Company, which stock was at that time in the possession of the First National Bank of Chicago, 111., as collateral…

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Appeal from, Johnson District Court. — Hon. M. J. Wade, Judge. The petition shows that the plaintiff is a son of J. K. Graves; that in April or May, 1889, J. K. Graves was the owner of twenty-six thousand four hundred dollars of the capital stock of the Western Union Fuel Company, and twenty-five thousand dollars of the capital stock of the American Coal Company, which stock was at that time in the possession of the First National Bank of Chicago, 111., as collateral security to notes executed by Graves to said bank; that the defendant, Clark, at the request of J. K. Graves, advanced the…

1Opinion of the CourtGranger, J.

1 I. A question is presented on an assignment of error as to the refusal of the court to strike from the files defendant’s answer, filed after plaintiff’s second amendment to the petition was filed. It will be remembered that the second amendment to the petition set up the letters as constituting an agreement in writing, and the answer complained of makes a denial that the letters contain such an agreement, or refer to an agreement before made; and it also stated that the agreement pleaded could not be shown by parol evidence. The grounds of the motion to strike, are that the pleading was…

2Cases cited1 opinion

  1. Burden v. KnightSupreme Court of Iowa · 1891

3Cited by6 opinions

  1. Bohanan v. MaxwellSupreme Court of Iowa · 1921
  2. Fairall v. ArnoldSupreme Court of Iowa · 1939
  3. Kerr v. YagerSupreme Court of Iowa · 1912
  4. Marr v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1903
  5. Campbell v. CampbellSupreme Court of Iowa · 1902

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