Bowers v. Roth
Supreme Court of Iowa
Appeal from Poweshiek, District Court. — H. F. Wagner, Judge. Original action upon a promissory note in justice of the peace court. Judgment for plaintiff, and defendant appealed to the district court, where a trial tvas had to a jury, resulting in a verdict and second judgment in favor of plaintiff. Defendant appeals.
1Opinion of the CourtStevens, J.
It is conceded that the consideration of the note was services rendered to defendant in a real estate transaction with one George Owens. It is further admitted that plaintiff was the agent of both the defendant and Owens,, and that the latter paid the agreed commission. Defendant alleged, in his answer to plaintiff’s petition, filed in justice of the peace court, that plaintiff represented Owens without his knowledge, and also that neither party knew that plaintiff was representing the other. Owens was called as a witness on behalf of defendant, and was asked to state whether he paid…
2Cases cited22 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Scribner v. CollarMichigan Supreme Court · 1879
- Glenn v. RiceCalifornia Supreme Court · 1917
- Leathers v. CanfieldMichigan Supreme Court · 1898
- Sullivan v. TuftsMassachusetts Supreme Judicial Court · 1909
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3Cited by2 opinions
- Myer v. Preferred Credit, Inc.Harrison County Court of Common Pleas · 2001
- In Re Report of AtkinsonSupreme Court of Iowa · 1930