Bremer County v. Barrick
Supreme Court of Iowa
Appeal from Bremer District Court. The facts of this case, and conclusions of law based thereon, as found by the eourt below, are as follows: “ The defendant Martin, prior to the execution of the note in controversy, was indebted to the school fund (of Bremer county) as a defaulter in the sum of more than $500. (The note sued on is for $500.) That it was the purpose of the defendants to pay $500 of this indebtedness with the note in question, secured by mortgage on. the…
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Appeal from Bremer District Court. The facts of this case, and conclusions of law based thereon, as found by the eourt below, are as follows: “ The defendant Martin, prior to the execution of the note in controversy, was indebted to the school fund (of Bremer county) as a defaulter in the sum of more than $500. (The note sued on is for $500.) That it was the purpose of the defendants to pay $500 of this indebtedness with the note in question, secured by mortgage on. the lands of .Barriek. That the note was left with the school fund commissioner, but the mortgage was not given to secure it The…
1Opinion of the Court
Wright, Ch. J.
1. School Fund: note. It will be observed that tbe ruling below is placed upon the ground that the commissioner was not authorized to receive this note in payment of $500, owing by Martin; that Martin was still liable to said fund, and, as a consequence, there was a want of consideration. There is no suggestion that the note was not passed as an executed contract to said commissioner, or that it was not to be so treated and regarded until tbe mortgage was also made and delivered. And we suppose (being left to infer tbe grounds of the ruling, in the absence of any argument on the…
2Cases cited2 opinions
- Horseman v. TodhunterSupreme Court of Iowa · 1861
- State v. WileySupreme Court of Iowa · 1863