Robinson v. Gray
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. S. M. Weaves, Judge. This is an action upon four promissory notes executed by the defendant, and an account for interest on a balance alleged to be due the plaintiff. The defendant, by his answer, denied indebtedness upon the account, and alleged that the promissory notes were fully paid by the seizure of certain property rights and credits of defendant under a chattel mortgage given to secure the payment of said notes.
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Appeal from Webster District Court. — Hon. S. M. Weaves, Judge. This is an action upon four promissory notes executed by the defendant, and an account for interest on a balance alleged to be due the plaintiff. The defendant, by his answer, denied indebtedness upon the account, and alleged that the promissory notes were fully paid by the seizure of certain property rights and credits of defendant under a chattel mortgage given to secure the payment of said notes. In another count of the answer the defendant alleges that the plaintiff maliciously and wrongfully seized, and converted to his own…
1Opinion of the CourtRothrock, J.
I. The matter of account involved in the controversy consisted of claimed balances due upon accounts of the plaintiff against the defendant. The *701court instructed the jury that there was no evidence authorizing a recovery of the interest claimed. It is insisted that this instruction was erroneous. An examination of the evidence satisfies us that the instruction of the court as to this item of the claim was correct.
II. It appears from the evidence that the plaintiff is a wholesale lumber dealer, and that the defendant was for several years a retail dealer in that line at Lehigh, in Webster…
2Cases cited3 opinions
- Bank of Carroll v. TaylorSupreme Court of Iowa · 1885
- Richardson v. CoffmanSupreme Court of Iowa · 1893
- Wells v. ChapmanSupreme Court of Iowa · 1882
3Cited by6 opinions
- Sylvester v. AmmonsSupreme Court of Iowa · 1904
- Dalton v. Milwaukee Mechanics' InsuranceSupreme Court of Iowa · 1905
- Wetmore v. WoosterSupreme Court of Iowa · 1931
- Koster v. SeneySupreme Court of Iowa · 1897
- Koster v. SeneySupreme Court of Iowa · 1897
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