Aultman & Taylor Co. v. Lawson
Supreme Court of Iowa
Appeal from Shelby District Court. — Hon. Walter I. Smith, Judge. Action in equity to recover judgment on six promissory notes executed by the defendant to the plaintiff, and for a decree foreclosing a chattel mortgage on “one Aultman & Taylor separator complete, with the straw stacker, belts, and all fixtures with or belonging to the same; one truck wagon under the same; also, one Aultman & Taylor Eureka engine complete; also, one tank wagon complete.”
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Appeal from Shelby District Court. — Hon. Walter I. Smith, Judge. Action in equity to recover judgment on six promissory notes executed by the defendant to the plaintiff, and for a decree foreclosing a chattel mortgage on “one Aultman & Taylor separator complete, with the straw stacker, belts, and all fixtures with or belonging to the same; one truck wagon under the same; also, one Aultman & Taylor Eureka engine complete; also, one tank wagon complete.” Defendants answered that the notes sued upon were given for the purchase price of the property described in the mortgage, and pleading breach…
1Opinion of the CourtGiven, J.
I. The learned district judge found as follows: “(1) That defendants executed to plaintiff the notes and mortgages alleged in the petition. (2) That said notes and mortgages were given in consideration of what is known as one of‘ plaintiff’s No. 32 establishments, sold by plaintiff to Leonard Lawson, under a written contract, a copy of which is attached to defendants’ second amendment to answer. (3) That defendants have failed to establish that said contract was obtained by such false representation on the part of plaintiff, as to entitle defendants to avoid or rescind the same. (4) That, by…
2Cases cited5 opinions
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
- Hansen v. Consumers' Steam Heating Co.Supreme Court of Iowa · 1887
- Wernli v. CollinsSupreme Court of Iowa · 1893
- Baird v. BoehnerSupreme Court of Iowa · 1889
- Fletcher v. ArnettSouth Dakota Supreme Court · 1894
3Cited by10 opinions
- Mulcahy v. DieudonneSupreme Court of Minnesota · 1908
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
- Pacific Timber Co. v. Iowa Windmill & Pump Co.Supreme Court of Iowa · 1907
- Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1904
- Buckeye Buggy Co. v. Montana Stables, Inc.Washington Supreme Court · 1906
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