Legal Opinion

Kennedy v. Rosier

Supreme Court of Iowa

Decided June 14, 1887PublishedCited by 11 opinions

Appeal from Delaware Circuit Court. Action upon a promissory note. There was a judgment upon a verdict for plaintiff for a part of his claim, from which he appeals.

1Opinion of the CourtBeck, J.

1. Instructions: ignoring point in issue. I. As a defense, the answer of defendant plead? that he gave to plaintiff a note, and mortgage securing it, as collateral security upon the notes in suit: that amount and value of these collaterals exceeded defendant’s note; and that, through the fault and negligence of plaintiff, they were not collected, and became lost to defendant, whereby he sustained damage, which is set up as a counter-claim to plaintiff’s action. The plaintiff, in reply, pleads, among other matters, that defendant did not deliver to plaintiff the collateral note, and that he…

2Cited by11 opinions

  1. Parker v. Des Moines Life Ass'nSupreme Court of Iowa · 1899
  2. Capital City Brick & Pipe Co. v. City of Des MoinesSupreme Court of Iowa · 1907
  3. State ex rel. Rosenstein v. District CourtMontana Supreme Court · 1910
  4. Lynch v. DuganSupreme Court of Iowa · 1906
  5. Murphy v. BartschIdaho Supreme Court · 1890

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