National State Bank v. Delahaye & Purdy
Supreme Court of Iowa
Appeal from Des Moines District , Court. — I-Ion. Charles M. Phelps and How. J. M. Casey, J udgcs. Aotioh on a promissory note, aided by attachment. The defendants pleaded payment. There was a petition of intervention, in which the intervenors claimed title to the property attached. On the issue of payment between plaintiff and defendants there was a verdict and judgment for defendants, and an order discharging the attached property. The iilaintiff appeals.
1Opinion of the CourtG-rangker, J.
I. The defendants, in pleading payment of the note, averred that they delivered to plaintiff 1. Pi.eatiihg and practice:. motion: separation of in full payment, which was accepted by , j. -i A,. . plaintiff, a stock of goods consisting of . n. -,, .. ., wines, liquors ana beer, and the vessels containing the same, located at Grindstone, Illinois. The plaintiff moved the court to require the defendants to “state whether or not the agreement referred to, by which the property was taken in payment, was oral or in writing; and that they be required to set out a copy of the same.” The court…
2Cited by1 opinion
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