Aultman & Co. v. Lee
Supreme Court of Iowa
Appeal from Lyon District Court. This is an action upon a note for the sum of $200, dated September 1, 1873, payable to C. Aultman, or order, November 1, 1874, at the office of H. T. Helguson, bearing a credit of $20, and the guarantee of payment of H. T. Helguson.
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Appeal from Lyon District Court. This is an action upon a note for the sum of $200, dated September 1, 1873, payable to C. Aultman, or order, November 1, 1874, at the office of H. T. Helguson, bearing a credit of $20, and the guarantee of payment of H. T. Helguson. The defendant answered as follows: “ That the note in said petition described was given for a threshing machine, with two other notes, one for $290, and one for $80; that the threshing machine was purchased of one H. T. Helguson, as agent of plaintiffs during the summer of 1873; that the defendant paid to said Helguson for aruLon…
1Opinion of the CourtDay, J.
The defendant testified in substance, that whilst Helguson had the notes in his possession, defendant sold Helguson 900 bushels of wheat, at the price of seventy-five cents per bushel, and that Helguson agreed to apply $275 of the price of the wheat toward the payment of the notes, which he never did, and that defendant had turned out other notes in payment of the $290 and $80 notes.
The court instructed the jury as follows: “Before you find for defendant you must be satisfied that the note has beeD paid to the plaintiffs, or to some person by them duly authorized to receive such payment. If…
2Cited by8 opinions
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- State v. CollinsSupreme Court of Iowa · 1916
- Kempe v. BennettSupreme Court of Iowa · 1907
- Nicholson v. PeaseSupreme Court of Vermont · 1889
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