Sigler v. Hidy
Supreme Court of Iowa
Appeal from Deeafair Ovreuit Cov/rt. This action was brought to recover upon a promissory note executed by the defendants, Solomon Hidy and D. K. Maxwell, to the Farmers’ Manufacturing Co., and indorsed to the plaintiff. The defendants for answer averred that the note was obtained by fraud, that it was without consideration, and that' it had been altered in a material respect by an erasure. The plaintiff for reply denied the averments of the answer.
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Appeal from Deeafair Ovreuit Cov/rt. This action was brought to recover upon a promissory note executed by the defendants, Solomon Hidy and D. K. Maxwell, to the Farmers’ Manufacturing Co., and indorsed to the plaintiff. The defendants for answer averred that the note was obtained by fraud, that it was without consideration, and that' it had been altered in a material respect by an erasure. The plaintiff for reply denied the averments of the answer. The defendants filed what they call a counter claim setting up substantially the same facts averred in their answer, and averring also that they…
1Opinion of the Court
Adams, Ch. J.-
í puioTicE • couaier8: claim. . -The appellee insists that the counter claim was properly dismissed because it was in the nature of an ae^on replevin to recover possession of the note, and that conceding the averments of the counter claim to be true, the appellants were entitled only to a cancellation of the note, and certainly not to possession until a judgment of cancellation had been rendered.
As the appellants in their counter claim set up that the note has been altered, and as it would be the right of the appellee to produce the note in evidence for the purpose of showing,…
2Cases cited1 opinion
- Savery v. HaysSupreme Court of Iowa · 1865
3Cited by8 opinions
- Pushee v. JohnsonSupreme Court of Florida · 1936
- Olson v. ThompsonSupreme Court of Oklahoma · 1898
- In Re Estate of HazeldineSupreme Court of Iowa · 1938
- Smith v. EalsSupreme Court of Iowa · 1890
- Shipley v. ReasonerSupreme Court of Iowa · 1890
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