Legal Opinion

Peck v. Hendershott

Supreme Court of Iowa

Decided October 15, 1862PublishedCited by 5 opinions

Appeal from Iowa District Court. . About the first day of September, 1857, defendant purchased of plaintiffs a tract of land for $3,200, paid $1,200 down, and executed and delivered to the plaintiff, Lutecia Peck, wife of Daniel A. Peck, two notes of $1,000 each, payable in one and two years.

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Appeal from Iowa District Court. . About the first day of September, 1857, defendant purchased of plaintiffs a tract of land for $3,200, paid $1,200 down, and executed and delivered to the plaintiff, Lutecia Peck, wife of Daniel A. Peck, two notes of $1,000 each, payable in one and two years. To recover the amount of these notes, the plaintiffs brought their action, alleging in their petition that the notes had been destroyed by tbe defendant, who bad obtained possession of tbe same from the plaintiff, Daniel A. Peck, for some purpose not stated in the petition; but it is stated that at the…

1Opinion of the CourtLowe, J.

The exceptions taken on trial, are confined to tbe instructions and tbe overruling of tbe motion for a new trial, and are made tbe basis of some fourteen assignments of error, which we will briefly consider separately, so far as they contain- distinct, propositions, and have been made in accordance with the rules of law and tbe court.

*44The first assignment raises a question for the first time in this court, and will not, for that reason, receive further notice.

The second assignment claims “ that the court erred in instructing the jury that the admission of the defendant that the notes sued upon…

2Cited by5 opinions

  1. Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
  2. Faivre v. MandercheidSupreme Court of Iowa · 1902
  3. Albrosky v. Iowa CitySupreme Court of Iowa · 1888
  4. Stanberry, Gibson & Stanberry v. DickersonSupreme Court of Iowa · 1872
  5. McClintock v. SutherlandSupreme Court of Iowa · 1872

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