Van Metre v. Wolf
Supreme Court of Iowa
Appeal from Benton District Court. This is an action in equity. Another suit, growing out of tbe same transaction and between tbe same parties, has been twice before this court. 19 Iowa}>134 ; 23 id. 398. The petition avers that, on the 9th day of February, 1857, John E. Yan Metre and plaintiff executed a promissory note to Green & Weare for $954.60, due in six months, with a condition, if the amount thereof was not paid at maturity, the maker was tp pay, as a penalty, three…
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Appeal from Benton District Court. This is an action in equity. Another suit, growing out of tbe same transaction and between tbe same parties, has been twice before this court. 19 Iowa}>134 ; 23 id. 398. The petition avers that, on the 9th day of February, 1857, John E. Yan Metre and plaintiff executed a promissory note to Green & Weare for $954.60, due in six months, with a condition, if the amount thereof was not paid at maturity, the maker was tp pay, as a penalty, three per cent per month after the note became due until it was paid. A large portion of the principal of this note was made…
1Opinion of the CourtBeck, J.
1. hvsbahd AND wife: liability of wife, I. The question as to plaintiff’s liability on the note upon which the judgment was rendered does not arise in this case. It may be admitted , # that the allegations of the petition show that her coverture, if properly pleaded as a defense to the action, would have defeated a recovery thereon. But the failure to make this defense was not on account of any fraud of defendant, but out of a desire to comply with the wishes of her husband, and through ignorance of her legal rights. Her default in that action was voluntary, and attributable to no improper…
2Cases cited1 opinion
- Wolff v. Van MetreSupreme Court of Iowa · 1865
3Cited by7 opinions
- Dulin v. McCawWest Virginia Supreme Court · 1894
- Williamson v. ClineWest Virginia Supreme Court · 1895
- Gill v. StateWest Virginia Supreme Court · 1894
- Landers v. DouglasIndiana Supreme Court · 1874
- Guthrie v. HowardSupreme Court of Iowa · 1871
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