Iowa & Minnesota R. R. v. Perkins
Supreme Court of Iowa
Appeal from Warren District Court. Action upon a subscription to the capital stock of plaintiff; verdict and judgment for plaintiff; defendant appeals. The facts of the case sufficiently appear in the opinion.
1Opinion of the CourtBeck, J.
I. During the progress of tbe trial plaintiff, with leave of the court, filed an amended petition, adding another count to his original petition, and claiming therein to recover on account of one share of the capital stock subscribed by defendant, for which he had undertaken to pay plaintiff, according to the articles of incorporation, etc.
After answering this amended petition, defendant moved the court to require plaintiff to elect upon which count of his petition he relied to recover. This motion was overruled, and exception taken thereto. The appellant insists that the amended petition…
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- American Express Co. v. Des Moines National BankSupreme Court of Iowa · 1915
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