Dilenbeck v. Davis
Supreme Court of Iowa
Appeal from Perry Superior Court. — W. W. Cárdele, Judge. Action by plaintiff to recover a balance alleged to be due on a promissory note, executed by the defendant, and to foreclose a pledge of 95 shares of stock owned by the defendant in the Citizens Trust & Savings Bank, of Perry, Iowa, which were given as security for the payment thereof. Defendant filed a cross-petition, asking damages for false representation in the sale of property by plaintiff to defendant.
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Appeal from Perry Superior Court. — W. W. Cárdele, Judge. Action by plaintiff to recover a balance alleged to be due on a promissory note, executed by the defendant, and to foreclose a pledge of 95 shares of stock owned by the defendant in the Citizens Trust & Savings Bank, of Perry, Iowa, which were given as security for the payment thereof. Defendant filed a cross-petition, asking damages for false representation in the sale of property by plaintiff to defendant. After a full trial to the court, the court found that plaintiff had made the false representations, as alleged by the defendant,…
1Opinion of the CourtPreston, J.
The pleadings and the record are quite voluminous. We shall condense as much as possible. Appellee concedes that appellant’s statement of the nature of this action is correct. It is substantially as follows:
“The defendant, or appellee, admitted the execution of the note and liability on the same, except for the matters alleged, and claimed an offset to said note and damages against appellant in the sum of $35,000, and $10,000 exemplary damages for fraud and misrepresentations in the sale of 450 shares of stock sold by the appellant to appellee, claiming that appellant was president of said…
2Cases cited9 opinions
- Riley v. BellSupreme Court of Iowa · 1903
- Dorr v. CorySupreme Court of Iowa · 1899
- Campbell v. ParkSupreme Court of Iowa · 1904
- Mattauch v. Walsh Bros.Supreme Court of Iowa · 1907
- Smith v. Packard & Co.Supreme Court of Iowa · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Twin Peaks Canning Co. v. Industrial Commission of UtahUtah Supreme Court · 1921
- Ankeney v. BrentonSupreme Court of Iowa · 1931
- Barr v. ButlerSupreme Court of Iowa · 1923
- First National Bank of Webster v. First National Bank of MobridgeSouth Dakota Supreme Court · 1922
- Aldrich v. WorleySupreme Court of Iowa · 1925
3 more not listed; retrieve them via the Exa API.