Eckel v. Walker
Supreme Court of Iowa
Appeal from Clayton Circuit Court. 1 Action upon a promissory note. The defense was payment. There was a trial by jury, and a verdict for the plaintiff. A motion for a new trial was sustained, and plaintiff appeals.
1Opinion of the Court
Eothrock, Ch. J.
I. At the trial, defendants introduced evi-" dence tending to show that the defendant Werges, in pursuance *226of an agreement with plaintiff, paid to one Krueger the amount due on the note in suit, and that plaintiff received one hundred dollars of the amount, and loaned to Krueger the remainder, for which he received no new obligation.
The ease turned upon the question as to the payment to Krueger, and whether he received it as the agent of plaintiff. The evidence consisted principally of plaintiff’s alleged admissions to the defendant Werges and his son.
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2Cited by4 opinions
- Guth v. BellSupreme Court of Iowa · 1911
- Bullard v. BullardSupreme Court of Iowa · 1900
- Feister v. KentSupreme Court of Iowa · 1894
- Smith v. SmithSupreme Court of Iowa · 1913