Taylor v. W. & A. Chambers
Supreme Court of Iowa
Appeal from the Muscatine District Court.' This was an action brought by tbe plaintiff in tbe District Court of Muscatine county, to recover tbe amount of a promissory note, without words of negotiability, for $100.00, made by defendants, payable to Maston & Parrish, dated July 21, 1851, and indorsed in blank to plaintiff.
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Appeal from the Muscatine District Court.' This was an action brought by tbe plaintiff in tbe District Court of Muscatine county, to recover tbe amount of a promissory note, without words of negotiability, for $100.00, made by defendants, payable to Maston & Parrish, dated July 21, 1851, and indorsed in blank to plaintiff. Tbe answer denies indebtedness, and also avers, in substance, that tbe defendants executed tbe note to Maston & Parrish, in part payment for a raft of logs bought of them ; that tbe raft was bought while in tbe Mississippi River, as good, merchantable logs, for the sum of…
1Opinion of the CourtIsbell, J.
A determination of what is meant by the language used in the answer in the case between Maston & Parrish and the defendants, we think must of itself be decisive of this case.
What claim did the defendants set up to be there adjudicated? Clearly they claimed, on account of the damaged state of the logs, “a deduction of twenty per centum "on the price of said logs" and not on the amount of the note then sued upon. That suit was. between the original parties to the note now sued upon. The defendants set up and'caused their demand for damages — their whole demand- — -to be adjudicated; and now…
2Cited by3 opinions
- McDonald & Co. v. GregorySupreme Court of Iowa · 1875
- Clark v. Sammons & Van PeltSupreme Court of Iowa · 1861
- Penny v. CoreySupreme Court of Alabama · 1906