Heffner v. Brownell
Supreme Court of Iowa
Appeal from Buchanan District Court. — Hon. J. J. Ney, Judge. Action on a promissory note, of which the following is a copy: “Independence, Iowa, July 18th, 1884. “One year after date, value received, we promise to pay Daniel Heffner, or bearer, two hundred dollars, with eight per cent, from date until paid. Payable at Independence, Iowa, with reasonable attorney’s fees if sued. If interest is not paid when due, it shall draw interest at eight per cent.
Read the full summary
Appeal from Buchanan District Court. — Hon. J. J. Ney, Judge. Action on a promissory note, of which the following is a copy: “Independence, Iowa, July 18th, 1884. “One year after date, value received, we promise to pay Daniel Heffner, or bearer, two hundred dollars, with eight per cent, from date until paid. Payable at Independence, Iowa, with reasonable attorney’s fees if sued. If interest is not paid when due, it shall draw interest at eight per cent. “Independence Mfg.' Co. “B. S. Brownell, Pres. “D. B. Sanford, Sec’y.” Defendant Brownell filed a demurrer to the petition, which being…
1Opinion of the CourtReed, J.
— I. On the former appeal we held that “the note purports on its face'to be the note of all the persons, including the corporation, who executed it” The correctness of that holding has been questioned on this appeal, and numerous authorities have been cited with which it is claimed by counsel to be in conflict. But the settled rule is that we will not on a second appeal review or reverse the decision made on the former appeal. Adams County v. Burlington & M. R. Ry. Co., 55 Iowa, 94. The holding is therefore the law of the case.
II. The only other question in the case is whether extrinsic…
2Cases cited2 opinions
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
- Scanlan v. KeithIllinois Supreme Court · 1882
3Cited by16 opinions
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Briel v. Exchange Nat. BankSupreme Court of Alabama · 1911
- J. T. Mathews & Co. v. Dubuque Mattress Co.Supreme Court of Iowa · 1893
- Orr v. SuttonSupreme Court of Minnesota · 1914
- Wiers v. TreeseSupreme Court of Oklahoma · 1911
11 more not listed; retrieve them via the Exa API.