Legal Opinion

Adams v. Morton

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 9 opinions

Appeal from Des Homes District Oourt. Friday, October 10. This action is brought to enforce the following written contract : “This agreement witnesseth, that whereas, H. S. George, of “Laconia, "Warren-county, Iowa, has failed, indebted to all of “ the subscribers r an¿¡¿whereas, it is the right of any creditor “ to put said George in bankruptcy ; and whereas, some of us “ creditors have attached the property of said George ; now in “ consideration of the premises, and being…

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Appeal from Des Homes District Oourt. Friday, October 10. This action is brought to enforce the following written contract : “This agreement witnesseth, that whereas, H. S. George, of “Laconia, "Warren-county, Iowa, has failed, indebted to all of “ the subscribers r an¿¡¿whereas, it is the right of any creditor “ to put said George in bankruptcy ; and whereas, some of us “ creditors have attached the property of said George ; now in “ consideration of the premises, and being willing to share the “ benefits and proceeds of said attachments made by us with “ the subscribers who have not…

1Opinion of the CourtMiller, J.

The execution of the contract is not controverted, but defendants Morton & Co. aver that it was made without any consideration; that they signed the same under a mistake of fact and law, and that they were induced to sign the same by the misrepresentations of the plaintiffs in regard to defendants’ rights in the premises; that, at the time said agreement was executed, they had placed their claims in the hands of an attorney for collection in Warren county, Iowa, and had instructed said attorney to obtain a writ of attachment and secure said claim, but defendants were not advised what further…

2Cases cited2 opinions

  1. Pierson v. McCahillCalifornia Supreme Court · 1862
  2. Bennet v. PaineSupreme Court of Pennsylvania · 1836

3Cited by9 opinions

  1. Partello v. WhiteSupreme Court of Iowa · 1924
  2. Messer v. Washington National InsuranceSupreme Court of Iowa · 1943
  3. Richardson & Boynton Co. v. Independent District of HamptonSupreme Court of Iowa · 1887
  4. White v. FloodSupreme Court of Iowa · 1965
  5. Mowbray v. SimonsSupreme Court of Iowa · 1918

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