Smith v. Griswold
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. C. D. Goldsmith, Judge. In March, 1883, the def endant made to the plaintiff a duebill for one hundred and eight dollars, which is the basis of this action. The following is the third division of the answer: “Third.
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Appeal from Calhoun District Court. — Hon. C. D. Goldsmith, Judge. In March, 1883, the def endant made to the plaintiff a duebill for one hundred and eight dollars, which is the basis of this action. The following is the third division of the answer: “Third. And for further defense the defendant avers that at the time the said pretended duebill was executed the plaintiff engaged the defendant to procure for her a loan of six hundred dollars from the Aetna Insurance Company, and that, when so obtained, that out of it he was to pay certain obligations owing by said plaintiff, and that the…
1Opinion of the CourtGranger, J.
1 I. There was no error in the refusal of the court to transfer the cause to the equity side of the docket for trial. The answer presented only defensive matter. Had the agreement been reformed, the legal effect would have been no- more than the legal ■effect of the facts pleaded in the law action. The sufficiency of the facts pleaded as a defense was not questioned, and, if they were established, the law forum gave the same relief as was sought in *687equity. The facts that would reform the instrument would defeat a recovery on it. Under such circumstances, equity has no jurisdiction. Thisi is…
2Cases cited4 opinions
- City of Council Bluffs v. StewartSupreme Court of Iowa · 1879
- Bacon v. ChaseSupreme Court of Iowa · 1891
- First National Bank of Marshalltown v. WrightSupreme Court of Iowa · 1891
- Dubuque & Sioux City Railway Co. v. Cedar Falls & Minnesota Railway Co.Supreme Court of Iowa · 1888
3Cited by10 opinions
- Biermann v. Guaranty Mutual Life InsuranceSupreme Court of Iowa · 1909
- Lynch v. SchemmelSupreme Court of Iowa · 1916
- Ford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Des Moines City Railway Co. v. Amalgamated Ass'n of Street & Electric Railway EmployeesSupreme Court of Iowa · 1927
- Lytle Investment Co. v. McMorrisSupreme Court of Iowa · 1920
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