Hamlin v. Simpson
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. N.W.Maoy, Judge. Plaintiff seeks to recover the sum of nine hundred and twenty-nine dollars and forty-sis cents for hogs and cattle sold the defendant. The answer admits the purchase of said live stock ,at the price named, but avers that the price was settled for at the time by bank checks, which plaintiff held an unreasonable time before presenting for payment, and that the bank upon which they were drawn became insolvent.
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Appeal from Audubon District Court. — Hon. N.W.Maoy, Judge. Plaintiff seeks to recover the sum of nine hundred and twenty-nine dollars and forty-sis cents for hogs and cattle sold the defendant. The answer admits the purchase of said live stock ,at the price named, but avers that the price was settled for at the time by bank checks, which plaintiff held an unreasonable time before presenting for payment, and that the bank upon which they were drawn became insolvent. By way of reply, plaintiff says that, at the time defendant drew said checks and delivered them to plaintiff, he (defendant) had…
1Opinion of the CourtWaterman, J.
— The facts, as stipulated or established, are that on December 13, 1893, the defendant gave his two checks on the Cass County Bank of Atlantic to plaintiff in settlement for live stock purchased. One of the checks was for four hundred and forty-one dollars and eighty cents; the other, for four hundred and eighty-seven dollars and sixty-six cents. The checks were given by defendant, at plaintiff’s home in Audubon county, sixteen and three-fourths miles from Atlantic, and five and one-half miles from Bray-ton, a station on a railroad leading to Atlantic, upon which two trains a day, except…
2Cases cited9 opinions
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
- Stanton v. BlossomMassachusetts Supreme Judicial Court · 1817
- Robinson v. AmesNew York Supreme Court · 1822
- Beauregard v. KnowltonMassachusetts Supreme Judicial Court · 1892
- Kirkpatrick v. PuryearTennessee Supreme Court · 1894
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3Cited by11 opinions
- Douglas v. AlbrechtSupreme Court of Iowa · 1906
- Philpott v. JonesSupreme Court of Iowa · 1914
- In Re Estate of HoreSupreme Court of Minnesota · 1945
- Burns v. YocumSupreme Court of Arkansas · 1906
- Pickett v. Thomas J. Baird Investment Co.North Dakota Supreme Court · 1911
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