C. R. & St. P. R. v. Spafford
Supreme Court of Iowa
Appeal from Black Ha/wk Circidt Court. On the seventh day of September, 1868, plaintiff filed as a claim against the estate of Miles Spafford, deceased, a writing in words and figures'as follows: “Waterloo, May 7, 1867. “For value received, I promise the Cedar Rajiids and St. Paul Railway, or order, four hundred dollars, payable as follows: Two hundred dollars on the first day of November, 1867, and two hundred dollars on the first day of December, 1867, or when the grading…
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Appeal from Black Ha/wk Circidt Court. On the seventh day of September, 1868, plaintiff filed as a claim against the estate of Miles Spafford, deceased, a writing in words and figures'as follows: “Waterloo, May 7, 1867. “For value received, I promise the Cedar Rajiids and St. Paul Railway, or order, four hundred dollars, payable as follows: Two hundred dollars on the first day of November, 1867, and two hundred dollars on the first day of December, 1867, or when the grading on said railway is completed from Laporte City to Waterloo. “Miles Spaeeord.” The defendant answered by averring, first,…
1Opinion of the Court
Miller, Ch. J. —
The question presented by the record amounts to this: whether a promise to pay a certain sum of money to a railroad company, which has surveyed several lines through the farm of the promisor, made in consideration that the line or a line nearer to a public highway than any other line proposed, shall be adopted by the company, when such line is so near the public road as to have the effect to frighten teams passing thereon, is so contrary to public policy as to render such promise void?
*296It is well settled that all contracts which are distinctly prohibited by law, or morality, or…
2Cases cited2 opinions
- Ex parte GraceSupreme Court of Iowa · 1861
- City of Des Moines v. LaymanSupreme Court of Iowa · 1866
3Cited by3 opinions
- Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
- Ford v. Oregon Electric Ry. Co.Oregon Supreme Court · 1911
- Davis v. WilliamsSupreme Court of Alabama · 1898