Wheelock v. Winslow
Supreme Court of Iowa
Appeal from Dubuque City Court. Plaintiff declares upon two notes, the first reading as follows: “ $280. • Dubuque, June 22, 1858. Three months after date we promise to pay to the order of S. W. Wheelock, two hundred and thirty dollars, at Dubuque, value received. For the Dubuque Times Co. Feed. S. Winslow, Treasurer.” The other is for $171.50, of date August 4, 1858, due in three months, of the same tenor, and signed, “Ferd. S. Winslow, Treas., Dub.
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Appeal from Dubuque City Court. Plaintiff declares upon two notes, the first reading as follows: “ $280. • Dubuque, June 22, 1858. Three months after date we promise to pay to the order of S. W. Wheelock, two hundred and thirty dollars, at Dubuque, value received. For the Dubuque Times Co. Feed. S. Winslow, Treasurer.” The other is for $171.50, of date August 4, 1858, due in three months, of the same tenor, and signed, “Ferd. S. Winslow, Treas., Dub. T. Co.” The answer denies any indebtedness, admits tbe execution of tbe notes, but avers that they were made by the defendant as the agent, and…
1Opinion of the Court
Wright, Ch. J.
The objection to the sufficiency of the affidavit attached to the answer, was not made in the court below, and cannot, therefore, avail appellee here. But if made there, the objection was untenable, under the rule recognized in Sherrill v. Fay, 14 Iowa, 292.
*466The real question in the case is, whether defendant is personally liable upon these notes ? And following what we believe to be the analogies of the law, and antecedent cases, we hold that he is not, and that the demurrer to the answer should, therefore, have been overruled.
It will be observed that the pleading shows that…
2Cases cited9 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Brockway v. AllenNew York Supreme Court · 1837
- S. & J. Rathbon v. BudlongNew York Supreme Court · 1818
- Hovey v. MagillSupreme Court of Connecticut · 1818
- Harkins v. EdwardsSupreme Court of Iowa · 1855
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- Schuling v. ErvinSupreme Court of Iowa · 1918
- Schuling v. ErvinSupreme Court of Iowa · 1918
- Wolff v. Blair.Supreme Court of Iowa · 1864