Legal Opinion

Boylan v. McMillan

Supreme Court of Iowa

Decided January 21, 1908PublishedCited by 8 opinions

Appeal from Lirm District Gourt. — -Hon. J. H. Preston, Judge. Suit on a note given for tbe price of horses. Defense and counterclaim, based on breach of warranty and fraud. Trial to a jury, and verdict and judgment for the plaintiff. The defendant appeals.

1Opinion of the Court

Sherwin, J".

Early in October, 1902, the defendant visited the plaintiff’s stock farm in Illinois, and there bought of him nine horses, for which he gave his note for $3,000. The horses were not to be delivered to the defendant until late in November, at which time the note became due. On the 28th of November, 1902, after this note became due, the plaintiff visited the defendant in Cedar Bapids, Iowa, and on that day the defendant executed and delivered to the plaintiff the note in suit and a chattel mortgage on the horses bought of him. There is a dispute between the parties as to the nature…

2Cases cited4 opinions

  1. Walrod v. Webster CountySupreme Court of Iowa · 1900
  2. Sullivan v. NicoulinSupreme Court of Iowa · 1901
  3. Mathews v. HerronSupreme Court of Iowa · 1896
  4. H. J. Ledward & Co. v. KuderSupreme Court of Iowa · 1897

3Cited by8 opinions

  1. Tratchel v. Essex Group, Inc.Supreme Court of Iowa · 1990
  2. Dold v. SherowSupreme Court of Kansas · 1976
  3. Lynch v. Egypt Coal Co.Supreme Court of Iowa · 1921
  4. Suntken v. SuntkenSupreme Court of Iowa · 1937
  5. State v. StevensSupreme Court of Minnesota · 1956

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