Horseman v. Todhunter
Supreme Court of Iowa
Appeal from Warren District Court. PlaiNTIEF sues upon two notes made by R. W. Steele, and defendant to one R. A. Steele, or order, dated September 20th, 1856, for one thousand dollars each, due, on September 1st, 1857; the other on a corresponding day in 1858. These notes were assigned by the payee to David B Horseman, and by him to plaintiff. The action was brought against the makers and Steele, the assignor.
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Appeal from Warren District Court. PlaiNTIEF sues upon two notes made by R. W. Steele, and defendant to one R. A. Steele, or order, dated September 20th, 1856, for one thousand dollars each, due, on September 1st, 1857; the other on a corresponding day in 1858. These notes were assigned by the payee to David B Horseman, and by him to plaintiff. The action was brought against the makers and Steele, the assignor. Defense was made by Todhunter, and all the questions in the case arise thereon. He admits the execution of the notes, and sets up that they were obtained by fraud; that there was a…
1Opinion of the CourtWright, J.
Several errors are relied upon by appellant to reverse this case, which, so far as presented by the record, we shall proceed to notice.
The makers of these notes bought of one Wells a large tract of land for the sum of $10,000. Each was to pay about $4,500 in other lands, and for the remaining $1,000 executed their promissory note. R. W. Steele obtained the land which he let Wells have of R. A. Steele. To do this, it was necessary, as Todhunter alleges, that R. W. should obtain security for the purchase money. ITe also claims that R. W. applied to him to go this security, which he declined;…
2Cases cited4 opinions
- Thompson v. BlanchardSupreme Court of Iowa · 1855
- Williams v. SoutterSupreme Court of Iowa · 1858
- Greenough, Cook & Co. v. SheldenSupreme Court of Iowa · 1859
- Lyon v. ByingtgnSupreme Court of Iowa · 1858
3Cited by5 opinions
- Hendryx v. EvansSupreme Court of Iowa · 1903
- Postel v. PalmerSupreme Court of Iowa · 1887
- Patterson v. LinderSupreme Court of Iowa · 1863
- Howe Machine Co. v. StilesSupreme Court of Iowa · 1880
- Bremer County v. BarrickSupreme Court of Iowa · 1865