Legal Opinion

Humbert v. Larson

Supreme Court of Iowa

Decided October 17, 1896PublishedCited by 10 opinions

Appeal from Adams District Court. — Hon. W. H. Tedeord, Judge. Action at law, upon three promissory • notes, made and executed by the defendants, in payment for a certain stallion, purchased by them of plaintiff. Defense: Failure of consideration, and fraud practiced upon them by the plaintiff. Trial to a jury. Yerdict and judgment for defendants. Plaintiff appeals.

1Opinion of the CourtDeemer, J.

This is the second time this case has been before us. The opinion on the first appeal will be found in 89 Iowa at page 258 (56 N. W. Rep. 454). A somewhat extended and correct statement of the issues will be found in this first opinion, and they need not be repeated here. It is sufficient to say, that after the case was remanded to the lower court, the plaintiff amended his petition, by including all the notes given for the stallion, and asked judgment for the full amount thereof. Otherwise, the issues remained the same as upon the first trial.

1 *2772 B *2784 *2795 *276I. Appellant’s first contention is that…

2Cases cited1 opinion

  1. Humbert v. LarsonSupreme Court of Iowa · 1893

3Cited by10 opinions

  1. McNight v. ParsonsSupreme Court of Iowa · 1907
  2. Lavalleur v. HahnSupreme Court of Iowa · 1911
  3. Bank of Bushnell v. Buck Bros.Supreme Court of Iowa · 1913
  4. Franke v. KelsheimerSupreme Court of Iowa · 1917
  5. Marengo Savings Bank v. KentSupreme Court of Iowa · 1907

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