Legal Opinion

Hull & Co. v. Alexander

Supreme Court of Iowa

Decided April 8, 1869PublishedCited by 10 opinions

Appeal from, Boone District Court. Action upon two promissory notes. Defense, that they were given in part consideration for engine and mill machinery; that plaintiffs fraudulently represented that they were the owners thereof; that the same had been taken and sold from' defendants under a mortgage upon the property at the time of their purchase, and they ask to recover back what they have paid, etc.

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Appeal from, Boone District Court. Action upon two promissory notes. Defense, that they were given in part consideration for engine and mill machinery; that plaintiffs fraudulently represented that they were the owners thereof; that the same had been taken and sold from' defendants under a mortgage upon the property at the time of their purchase, and they ask to recover back what they have paid, etc. Reply, that defendants were to pay the mortgage as part of the consideration for the purchase; fraud is denied. There was a jury trial, verdict and judgment for defendants for one dollar. ’ The…

1Opinion of the CourtCole, J.

1. denurrer: waiver of. I. The plaintiffs demurred to the answer of defendants, it was overruled, and they excepted; but they afterward filed a reply to the answer, and a fu]p trial on the merits was had. This was a

waiver of the demurrer, and of any exception to the ruling thereon. Plummer v. Roads, 4 Iowa, 587, and many other cases following it.

2 Evidence: memorandum: deposition, II. Plaintiffs introduced a witness, who testified that he was present when the defendant bought the mill machinery, etc., of plaintiff; that his deposi- , * *- tion liad been taken m the case for the foreclosure of…

2Cases cited2 opinions

  1. Clark v. StateIndiana Supreme Court · 1853
  2. Plummer v. RoadsSupreme Court of Iowa · 1857

3Cited by10 opinions

  1. Ringo v. WoodruffSupreme Court of Arkansas · 1884
  2. Shult v. DoyleSupreme Court of Iowa · 1925
  3. Hawn v. MaloneSupreme Court of Iowa · 1920
  4. Des Moines Joint Stock Land Bank v. AllenSupreme Court of Iowa · 1935
  5. Wightman v. SpoffordSupreme Court of Iowa · 1881

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