Stucksleger v. Smith
Supreme Court of Iowa
Appeal from IA/nn District Court. Suit upon a negotiable promissory note, of date February 20,1866, for eight hundred and eighty dollars, payable one year after date to Robert Berry or order, and by him indorsed in blank to plaintiff. The petition contained a copy of the note, was in the usual form as to averments, was verified, and concluded with “ wherefore plaintiff demands judgment against the defendant for fifteen hundred dollars and costs of suit.”
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Appeal from IA/nn District Court. Suit upon a negotiable promissory note, of date February 20,1866, for eight hundred and eighty dollars, payable one year after date to Robert Berry or order, and by him indorsed in blank to plaintiff. The petition contained a copy of the note, was in the usual form as to averments, was verified, and concluded with “ wherefore plaintiff demands judgment against the defendant for fifteen hundred dollars and costs of suit.” The defendant verified his answer, and, first, admitted the execution of the note sued on, but denied “that there is due on said note the…
1Opinion of the CourtCole, J.
l. Pleading j conciuViou^1 demurrer. The demurrer was to the whole answer, and, if either count was good, it should not have been sustained as to such count. But was either count good? As to the first count, it did not deny any averment of the petition; it only denied the prayer or demand for judgment for fifteen hundred dollars. There was therefore no issue of fact to be tried by court or jury. The only question to be determined was one of law upon the facts averred in the petition and admitted by the answer, to wit: how much was due upon the note ? Even if the denial be construed to be a…
2Cases cited1 opinion
- Mann v. HoweSupreme Court of Iowa · 1859
3Cited by5 opinions
- Prior v. RathjenSupreme Court of Iowa · 1972
- Callanan v. WilliamsSupreme Court of Iowa · 1887
- Franklin Bank v. International Hospital Equipment Co.Missouri Court of Appeals · 1925
- Thorn v. HambletonSupreme Court of Iowa · 1910
- Land v. ReeseSupreme Court of South Carolina · 1926