Gray v. Anderson
Supreme Court of Iowa
Appeal from Shelby District Court. — Hon. H. E. Deemer, Judge. December 19, 1898, plaintiff Forsbeck bought of the defendant a lot of hogs, at a price agreed upon. The hogs were to be delivered by January 20, 1894. At the time of the purchase, a check for two hundred and fifty dollars, signed by Forsbeck, and drawn on the State Bank of Manning, and payable to defendant or bearer, was delivered to the defendant.
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Appeal from Shelby District Court. — Hon. H. E. Deemer, Judge. December 19, 1898, plaintiff Forsbeck bought of the defendant a lot of hogs, at a price agreed upon. The hogs were to be delivered by January 20, 1894. At the time of the purchase, a check for two hundred and fifty dollars, signed by Forsbeck, and drawn on the State Bank of Manning, and payable to defendant or bearer, was delivered to the defendant. This check was presented to the bank for payment on December 28, 1893, and was not paid, nor has it ever been paid. The drawer had no funds in the bank when the check was presented,…
1Opinion of the Court
Kinne, J
I. The court instructed the jury that the defendant must fail if the check was taken by him in payment for the hogs. It is contended that the evidence shows that it was so taken, and hence the question should not have been submitted to the jury, and that their special finding to the contrary is without support. Whether the check was taken as constituting a payment was, we think, under the evidence, properly submitted to the jury, and we discover no reason for setting aside their finding in that respect.
II. The court instructed, that plaintiffs must prevail, if the defendant failed to…
2Cases cited4 opinions
- Holmes v. RoeMichigan Supreme Court · 1886
- Pollard v. BowenIndiana Supreme Court · 1877
- Woodruff v. PlantSupreme Court of Connecticut · 1874
- Compton v. GilmanWest Virginia Supreme Court · 1882
3Cited by4 opinions
- Hogan v. LeeperSupreme Court of Oklahoma · 1913
- Banwart v. ShullenburgSupreme Court of Iowa · 1920
- Ryan v. OhmesCourt of Appeals for the Second Circuit · 1917
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