Pickering v. Kirkpatrick
Supreme Court of Iowa
Appeal from Jefferson Circuit Cou/rt. Action for the recovery of $173.53, alleged balance due upon a promissory note. Defendants deny tbeir liability upon the note, and claim, by way of cross-demand, the sum of $4,111.20, for wheat, rye and seeds shipped plaintiffs.
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Appeal from Jefferson Circuit Cou/rt. Action for the recovery of $173.53, alleged balance due upon a promissory note. Defendants deny tbeir liability upon the note, and claim, by way of cross-demand, the sum of $4,111.20, for wheat, rye and seeds shipped plaintiffs. The replication alleges payment for the articles set up in cross-demand, the alleged payment consisting in part in the payment of a draft drawn by defendants upon plaintiffs for $1,000. Trial by jury; verdict for defendants for $879.68. Motion for new trial upon the grounds of accident and surprise, and of newly discovered…
1Opinion of the Court
Day, Oh. J.
The replication sets out the various items of payment of the charge, contained in the set-off. Among these is the payment of a draft of $1,000, on ac-’ count of defendants. Upon the trial both defendants testified that they never received the $1,000 charged in plaintiffs’ account. The defendants also introduced J. H. Whiting, cashier of the National State Bank of Mount *164Pleasant, who testified that he had examined the boobs and could not find that defendants had drawn a draft on plaintiffs for $1,000.
In support of the motion for new trial the affidavit of W. B. Culbertson was filed,…
2Cases cited1 opinion
- Chapman v. WilkinsonSupreme Court of Iowa · 1867
3Cited by6 opinions
- Guth v. BellSupreme Court of Iowa · 1911
- Snyder v. ThompsonSupreme Court of Iowa · 1907
- Mitchell v. BeckSupreme Court of Iowa · 1916
- Ewing-Merkel Electric Co. v. Lewisville Light & Water Co.Supreme Court of Arkansas · 1909
- Sheridan Bros. v. DealySupreme Court of Iowa · 1924
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