Bottineau Land & Loan Co. v. Hintze
Supreme Court of Iowa
Appeal from Scott District Court. — Hon. A. J. House, Judge. Action at law on a promissory note. After both parties had offered their evidence and rested plaintiff moved for a directed verdict on the ground that there was a failure of proof of the matters pleaded in defense to the note. This motion was sustained, and a directed verdict returned for plaintiff for the amount of its demand.
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Appeal from Scott District Court. — Hon. A. J. House, Judge. Action at law on a promissory note. After both parties had offered their evidence and rested plaintiff moved for a directed verdict on the ground that there was a failure of proof of the matters pleaded in defense to the note. This motion was sustained, and a directed verdict returned for plaintiff for the amount of its demand. Thereafter and within three days defendant filed a motion for a new trial, assigning as reasons therefor errors of the court in holding there was no evidence to sustain the defense pleaded, as well as in…
1Opinion of the CourtWeaver, J.
The answer pleads, among other things, that the note in suit is supported by no sufficient consideration; that it was obtained by fraud and misrepresentation; that the contract which was only in part evidenced by the note has been rescinded by the defendant; and that at the time said note was made defendant was by reason of sickness and the excessive use of intoxicating liquors mentally incompetent to transact business, and that plaintiff and its agents, knowing his condition, took fraudulent advantage of the same to procure, and did thereby obtain, the making of said note. The plaintiff in…
2Cases cited3 opinions
- Brace v. GradySupreme Court of Iowa · 1873
- Chicago, Iowa & Dakota R'y Co. v. EstesSupreme Court of Iowa · 1887
- Missouri Pacific Railway Co. v. GoodrichSupreme Court of Kansas · 1888
3Cited by11 opinions
- Burke v. ReiterSupreme Court of Iowa · 1950
- Porter v. Madrid State BankSupreme Court of Iowa · 1912
- Dragstra v. Northwestern State Bank of Orange CitySupreme Court of Iowa · 1971
- Lehigh Clay Products, Ltd. v. Iowa Department of TransportationSupreme Court of Iowa · 1994
- Rupp v. KohnSupreme Court of Iowa · 1930
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