Scribner, Burroughs & Co. v. Rutherford
Supreme Court of Iowa
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
- Krakauer v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1897
- German Savings Bank v. Drake Roofing Co.Supreme Court of Iowa · 1900
- Adams v. WilliamsSupreme Court of Georgia · 1906