Campbell v. Park
Supreme Court of Iowa
Appeal from, Carroll District Court.— IIon. S. M. Elwood, Judge. Action on promissory notes signed by defendant D. Pi. Park, with E. C.'Park as surety.
Read the full summary
Appeal from, Carroll District Court.— IIon. S. M. Elwood, Judge. Action on promissory notes signed by defendant D. Pi. Park, with E. C.'Park as surety. Tbe defendant pleaded that the notes were procured by fraud, and were without consideration and void; and the defendant D. H. Park, by way of counterclaim, asked judgment against plaintiff for, damages on account of false and fraudulent representations made by plaintiff and relied on by defendant, whereby said Park was induced to pay $1,100 in cash, and execute the notes sued on, for the purchase from plaintiff of certain shares of stock in a…
1Opinion of the CourtMcClain, J.
The allégations of defendant’s answer made'by way of affirmative defense, and those made by way *183of counterclaim, are not in any way separated in the pleading; but, as plaintiff interposed no objections on this ground, and, by asking a directed verdict in his favor on the notes and against defendant on his counterclaim, he recognized the pleading as sufficient to interpose both an affirmative defense and a counterclaim, we shall consider the case as involving the two distinct issues of the right of plaintiff to recover on the notes as against the defense of fraud and want of consideration, and…
2Cases cited11 opinions
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Johnson v. CulverIndiana Supreme Court · 1888
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Miller v. . BarberNew York Court of Appeals · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Ford v. DilleySupreme Court of Iowa · 1916
- Seymour v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1917
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- National City Bank v. KirkIndiana Court of Appeals · 1922
16 more not listed; retrieve them via the Exa API.