Aultman & Taylor Co. v. Shelton
Supreme Court of Iowa
Appeal from Clay District Court. — Hon. Lot Thomas, Judge. This action is upon two promissory notes, aggregating one thousand, three hundred and fifty-five dollars, upon which there is a conceded credit of six hundred and seventy-three dollars and fifty-three cents. The answer disputes the correctness of two of the items of credit given, and claims additional credits, as to which issue is taken.
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Appeal from Clay District Court. — Hon. Lot Thomas, Judge. This action is upon two promissory notes, aggregating one thousand, three hundred and fifty-five dollars, upon which there is a conceded credit of six hundred and seventy-three dollars and fifty-three cents. The answer disputes the correctness of two of the items of credit given, and claims additional credits, as to which issue is taken. The consideration for the notes in suit was a threshing machine outfit, consisting of a separator and steam engine. The answer, hy way of counterclaim, avers a warranty of the outfit and a breach…
1Opinion of the CourtG-eang-eb, C. J.
I. 'This cause was placed on the docket of the district court in April, 1889, and came on for trial on the fifteenth of February, 1892. On the day following, the court permitted the defendants to file a substituted answer for one count of the answer, filed February 15, 1892, which, it appears, was also a substituted answer. Complaint is made of the action of the court in permitting it to be filed. The answer thus filed pleaded additional payments in the sum of five hundred and forty-five dollars. The court, in permitting it to be filed, gave to plaintiff an opportunity to make a showing for a…
2Cases cited6 opinions
- Hawley v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1886
- Thomas v. ScheeSupreme Court of Iowa · 1890
- Winter v. Central Iowa Railway Co.Supreme Court of Iowa · 1890
- Scholl v. Brad Street Co.Supreme Court of Iowa · 1892
- Wilson v. DanielsSupreme Court of Iowa · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jarozewski v. AllenSupreme Court of Iowa · 1902
- Cooke v. CainWashington Supreme Court · 1904