Cooper v. McKee
Supreme Court of Iowa
Appeal from Poweshiek Circuit Cov/rt. Action upon a promissory note of which the following is a copy: “For value received I'promise to pay to the Grinnell & Montezuma Railroad Company, or bearer, the sum of three hundred dollars upon the completion of said railroad, and cars running thereon to the depot at Montezuma, Iowa, if done within one year from the 1st day of January, 1875, with interest at the rate of ten per cent per annum from maturity.
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Appeal from Poweshiek Circuit Cov/rt. Action upon a promissory note of which the following is a copy: “For value received I'promise to pay to the Grinnell & Montezuma Railroad Company, or bearer, the sum of three hundred dollars upon the completion of said railroad, and cars running thereon to the depot at Montezuma, Iowa, if done within one year from the 1st day of January, 1875, with interest at the rate of ten per cent per annum from maturity. This note to be due and payable when the cars run to the depot above named within the time above stipulated; and on such payment the G. & M. R. Co.…
1Opinion of the CourtBeck, J.
I. The petition alleges that the railroad, the construction of which is provided for in the instrument sued upon, was completed at the time and in the manner stipulated, and that the railroad company issued to defendant certificates for the stock provided for in the note, which it is ready to deliver to defendant upon payment of the note.
The answer of defendant admits the execution of the note, but denies generally all allegations of the petition not admitted. It alleges as a defense that the note was given to secure the construction and the equipping with rolling stock a continuous line of…
2Cases cited1 opinion
- Courtright v. DeedsSupreme Court of Iowa · 1873
3Cited by3 opinions
- Farmers' Mutual Telephone Co. v. HowellSupreme Court of Iowa · 1906
- Farmers' Mutual Telephone Co. v. HowellSupreme Court of Iowa · 1906
- In re HallDistrict Court, N.D. Iowa · 1913