Eckert v. Pickel
Supreme Court of Iowa
Appeal from Worth Circuit Court. This is an action to recover part of the purchase price of a grain seeder which the defendant bought of one Sheldon, who sold the same as the agent of P. P. Mast & Co. Two promissory notes in the sum of forty dollars each were given lor the seeder, payable on the first day of October 1877 and 1878 respectively. The notes were indorsed to P. P. Mast & Co., and the one which became due October 1, 1877, was paid.
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Appeal from Worth Circuit Court. This is an action to recover part of the purchase price of a grain seeder which the defendant bought of one Sheldon, who sold the same as the agent of P. P. Mast & Co. Two promissory notes in the sum of forty dollars each were given lor the seeder, payable on the first day of October 1877 and 1878 respectively. The notes were indorsed to P. P. Mast & Co., and the one which became due October 1, 1877, was paid. Suit was brought upon the other note, and the defendant set up as a defense that the note had been fraudulently altered by changing the time of payment…
1Opinion of the CourtRothrock, J.
I. The controversy involves less than $100, and the trial judge has certified to us certain questions of law which he states it is desirable shall be determined by this court. They are as follows:
'1. “ Where, in an action on a promissory note the defendant in his answer alleges, as a defense, that the note was fraudulently altered after delivery, without the knowledge or consent of the maker, and a general verdict and judgment are rendered for defendant in that case, will this judgment and adjudication be a bar to an action for the consideration for which the note found void whs made?
“ 2.…
2Cases cited3 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Murray v. GrahamSupreme Court of Iowa · 1870
- Schmidt v. ZahensdorfSupreme Court of Iowa · 1870
3Cited by12 opinions
- Squaw Creek Drainage District v. TurneySupreme Court of Missouri · 1911
- Des Moines Savings Bank v. ArthurSupreme Court of Iowa · 1913
- Burrell v. JeanIndiana Supreme Court · 1925
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Woodward v. JacksonSupreme Court of Iowa · 1892
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