C., D. & M. R. Co. v. Schewe
Supreme Court of Iowa
Appeal from Clayton Circuit Court. This action is brought to recover upon an instrument which, is in the following words: “$25.00. “Elkport, Iowa, September 25, 1871. “In consideration of the benefit which I expect to derive from the construction of the Chicago, Dubuque & Minnesota Railroad, I promise to pay said company twenty-five dollars, as soon as said road shall be built, and the cars running thereon, to within one mile of Elkport post office, and a depot located and…
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Appeal from Clayton Circuit Court. This action is brought to recover upon an instrument which, is in the following words: “$25.00. “Elkport, Iowa, September 25, 1871. “In consideration of the benefit which I expect to derive from the construction of the Chicago, Dubuque & Minnesota Railroad, I promise to pay said company twenty-five dollars, as soon as said road shall be built, and the cars running thereon, to within one mile of Elkport post office, and a depot located and built within same distance, provided that this obligation shall be void if the road shall not be running as aforesaid by…
1Opinion of the CourtAdams, J.
The evidence shows that by the last day'of August, 1872, the road was ironed to the Elkport depot, which was a little more than three-fourths of a mile from the Elk-port post office, and that a construction train ran over it on that day; that on the 1st day of September a passenger train ran to within about 200 yards of the depot, but it does not appear whether it ran within a mile of the Elkport post office or not. The evidence further shows that afterwards neither freight nor passenger trains were run for a considerable time, but that a mixed train, which was essentially a construction…
2Cited by3 opinions
- Des Moines & Denver Land & Tree Co. v. Polk County Homestead & Trust Co.Supreme Court of Iowa · 1890
- Garden City, Gulf & Northern Railroad v. Board of County CommissionersSupreme Court of Kansas · 1910
- Chicago, Kansas & Western Railroad v. MakepeaceSupreme Court of Kansas · 1890