Richardson v. Cheshire
Supreme Court of Iowa
Appeal from Jones District Court. — F. O. Ellison, Judge. Action upon two jiromissory notes. The defendant pleaded fraud in tlie transaction out of which the notes grew, and averred that the plaintiff was not a holder in due course, in that he had notice of the fraud, and in that revenue stamps were not affixed on the notes at the time of his alleged purchase.
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Appeal from Jones District Court. — F. O. Ellison, Judge. Action upon two jiromissory notes. The defendant pleaded fraud in tlie transaction out of which the notes grew, and averred that the plaintiff was not a holder in due course, in that he had notice of the fraud, and in that revenue stamps were not affixed on the notes at the time of his alleged purchase. Plaintiff, in reply, denied all notice of the defenses to the notes; denied that there was any defect in the notes for want of revenue stamps; and pleaded an estoppel against the defendant, "in that, prior to the purchase thereof, he…
1Opinion of the CourtEvans, J.
— The record is somewhat complicated in its details. Thirty-six errors are presented by appellant for our consideration. These are capable of some condensation, in that our conclusion as to one becomes decisive of many.
The transaction out of which the notes grew was a land contract, whereby the defendant, -Cheshire, purchased from Daniel Hayes Company a certain tract of land in California. Incidental to such purchase, a second contract was entered into, whereby.the Hayes Company agreed to improve and cultivate the tract in question, and to produce crops thereon at a cost to the defendant of…
2Cases cited6 opinions
- McPherrin v. JenningsSupreme Court of Iowa · 1885
- Lutton v. BakerSupreme Court of Iowa · 1919
- Escher v. Carroll CountySupreme Court of Iowa · 1910
- Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
- Yordy v. Marshall CountySupreme Court of Iowa · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cooley v. KillingsworthSupreme Court of Iowa · 1930
- Newhall Savings Bank v. BuckSupreme Court of Iowa · 1924
- Northwest Securities Co. v. SchnecklothSupreme Court of Iowa · 1925
- Old Line Life Insurance Co. of America v. JonesSupreme Court of Iowa · 1928
- Udell Savings Bank v. HollingsworthSupreme Court of Iowa · 1922
3 more not listed; retrieve them via the Exa API.