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