Legal Opinion

Scribner, Burroughs & Co. v. Rutherford

Supreme Court of Iowa

Decided March 19, 1885PublishedCited by 3 opinions

Appeal from Cherokee District Court. Action to recover of defendant tbe amount due on a promissory note executed by another. There was a judgment upon a verdict for plaintiff. Defendant appeals.

1Opinion of the Court

Beck, Ch. J

I. The petition, as a cause of action, alleges that defendant wrote and sent to them a letter, which was received by them, in the following words:

“Scribner, Burroughs dfr Co.: A. P. Kenyon wants a *552little money; if you want any one on the note, I will fix it when I come in.

££ R. B. Rutherford.”

That plaintiff, relying solely upon'this letter, loaned Kenyon a sum of money, for which he executed his note due in two months, which is set out in the petition; that the note is now due and a balance remains unpaid, a part of the amount having been paid before, and a part after, maturity;…

2Cited by3 opinions

  1. Krakauer v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1897
  2. German Savings Bank v. Drake Roofing Co.Supreme Court of Iowa · 1900
  3. Adams v. WilliamsSupreme Court of Georgia · 1906

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