Legal Opinion

Rea v. Owens

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 9 opinions

Appeal from Des Movnes Gvreuit Gou/rt. Friday, October 10. Action upon a promissory note indorsed by payee to plaintiff. Defense, that tbe note became tbe property of plaintiff after maturity; that defendant fully paid the note to payee while it was in his hands, and that upon payment of $50 thereon the payee agreed to receive the same in satisfaction of the note and cancel and destroy the same. There was a verdict and judgment for defendant. Plaintiff appeals.

1Opinion of the Court

Beck, Ch. J.

I. There was evidence at the trial tending to support the defense pleaded to the effect that defendant had paid the payee of the note $50 in full satisfaction of the amount due thereon, and that the payee agreed to destroy 'the note, not having it present when the payment was made. Upon the trial the plaintiff asked the court to instruct the jury as follows:

“ The acceptance by the payee of the note of a smaller sum than the face of the note calls for will not operate to satisfy *263the note, unless there was some consideration outside of the note for such an agreement; and if pajee…

2Cited by9 opinions

  1. Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
  2. Walston v. F. D. Calkins Co.Supreme Court of Iowa · 1903
  3. Broyles v. Mahaska CountySupreme Court of Iowa · 1931
  4. Marshall v. BullardSupreme Court of Iowa · 1901
  5. Bender v. BeenSupreme Court of Iowa · 1889

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