Towsley v. Olds
Supreme Court of Iowa
Appeal from the G lay ton District Court. Suit on an instrument of writing, which reads as follows: “ State of Iowa, Clayton county — 1855. We, the undersigned, agree to pay the sum of money annexed to our names, as subscribed in our own handwrite, whenever the county judge of Clayton county shall certify on the back of this paper, that a good and substantial bridge has been built across Turkey river, at Millville, in the county of Clayton, designating, also, the person to…
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Appeal from the G lay ton District Court. Suit on an instrument of writing, which reads as follows: “ State of Iowa, Clayton county — 1855. We, the undersigned, agree to pay the sum of money annexed to our names, as subscribed in our own handwrite, whenever the county judge of Clayton county shall certify on the back of this paper, that a good and substantial bridge has been built across Turkey river, at Millville, in the county of Clayton, designating, also, the person to whom payment shall be made.” To this instrument, it is averred, that the defendant subscribed the sum of fifty dollars;…
1Opinion of the CourtStockton, J.
— The objections urged to the petition upon the demurrer, are that no consideration is shown for the alleged-liability of the defendant; and that it is not averred that plaintiff has performed any services, entitling him to sue upon the instrument of writing. It was not necessary for the plaintiff to set out, or aver in his petition, the consideration upon which the agreement was executed, or the money to be paid. That was to be determined by the instrument itself. As the contract was in writing, a consideration for the promise, is to be presumed, in the same manner as if the suit had been…
2Cited by3 opinions
- Northern Kansas Town Co. v. OswaldSupreme Court of Kansas · 1877
- Kenigsberg v. ReiningerSupreme Court of Iowa · 1913
- State v. WrightSupreme Court of Iowa · 1873