Jones v. Mullinix
Supreme Court of Iowa
Appeal from Decatur District Court. Action for balance due on a promissory note executed by defendant to plaintiff. Defense — tender of balance due, and demand of note, and failure to deliver up same. Jury trial and verdict for plaintiff. Defendant appeals.
1Opinion of the CourtCole, J.
l. tender: m bank notes. The note upon which this suit is brought was left with the treasurer of Decatur county as collateral security for the payment of a note given £0 fun¿ 0f that county, also in the hands of the treasurer. The defendant claimed, and introduced testimony tending to show, that he called upon the treasurer to pay the note, he being authorized to receive payment, and that the defendant had the bank bills in his pocket with.which to pay, and offered to pay the same; that the treasurer could not find the note, and for that reason it was not then paid; and that *199the treasurer…
2Cited by1 opinion
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