Krause v. Meyer
Supreme Court of Iowa
Appeal from Scott District Gowrt. Action at law. The original petition declares upon an account for goods and merchandise sold to defendant. The amended petitions, without waiving the original petition as a cause of action, set out a promissory note executed by defendant and another, which, it is averred, was given in the settlement and compromise of plaintiffs’ claim upon defendant, as set out in the original petition.
Read the full summary
Appeal from Scott District Gowrt. Action at law. The original petition declares upon an account for goods and merchandise sold to defendant. The amended petitions, without waiving the original petition as a cause of action, set out a promissory note executed by defendant and another, which, it is averred, was given in the settlement and compromise of plaintiffs’ claim upon defendant, as set out in the original petition. It is also alleged in the amended petitions that the note, as it was signed by defendant and his co-maker, did not specify any rate of interest, but that defendant agreed with…
1Opinion of the CourtBeck, J.
l. Promissory Sonoffconijected tract. I. The questions presented for our determination relate to the effect of the alteration of the note and 1° the admission of certain testimony objected to by defendant. The alteration of the note is admitted in the pleadings; no question is, therefore, made as to this fact, but only as to its effect. There was conflicting evidence as to the circumstances and ■authority under which it was made. A witness for plaintiffs testified that he was the agent for plaintiffs in the settlement of their claim against defendant; that, after the execution of the note,…
2Cited by5 opinions
- Otto v. Halff & Bro.Texas Supreme Court · 1896
- Johnson Bros. v. Carter & Co.Supreme Court of Iowa · 1903
- Clough v. SeaySupreme Court of Iowa · 1878
- Benson v. AdamsTexas Commission of Appeals · 1926
- Sullivan v. RudisillSupreme Court of Iowa · 1884